Anti-bullying legislation will come into effect on 1 January 2014 and will enable victims of workplace bullying to apply to the Fair Work Commission (FWC) for an order that the bullying stop. (Background)
The FWC has released two draft documents in preparation for its new jurisdiction:
- draft Anti-bullying case management model – Fair Work Commission (Model), and
- draft Anti-bullying bench book – Fair Work Commission (Benchbook).
The Anti-bullying Benchbook and Case Management Model are designed to inform potential parties of the FWC’s procedures and relevant legislative provisions.
The new anti-bullying jurisdiction is not an avenue to provide compensation to those who have been subjected to bullying or to penalise employers. It is directed at preventing workers from being bullied at work.
The case management model has various steps, which culminate in the Panel Head determining if the matter should be sent for voluntary mediation with a Commission staff member, or direct to a Commission Member for mediation, conciliation or arbitration.
The Model makes it clear that the new anti-bulling legislation does not promote or recommend monetary settlements as a remedy for workplace bullying.
The Benchbook outlines the flexibility the FWC has to gather information it considers appropriate in relation to an anti-bullying application, including contacting the employer or other parties to the application, conducting a conference or holding a formal hearing.
