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ARTICLE · 22 AUGUST 2016

Anti-bullying orders -The story so far

The article examines some key outcomes in the first two years of operation and what the orders have meant for employers.

AustraliaEmployment and HR

When the anti-bullying jurisdiction in the FW Act commenced, there were fears of a wave of applications.

We look at some key outcomes in the first two years of operation of the jurisdiction and ask what it has meant in practice for employers.

Applications to date

In the period from 1 January 2014 to 31 December 2015, only 11 anti-bullying orders were made by the Fair Work Commission, despite the Commission receiving 1,052 applications.

Of those applications, only 27 were recorded as relating to Commonwealth Government employment.

As with any industrial litigation, many applications are resolved by the parties without the need for an order.

In addition, a review of the reported cases indicated that changed circumstances in the workplace can reduce the risk of the Commission making orders.

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