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ARTICLE · 18 APRIL 2013

New laws to tackle workplace bullying: will they work?

The Government has introduced amendments to the Fair Work Act to enable the Commission to make "stop bullying orders".

AustraliaEmployment and HR

We're told that workplace bullying costs Australian employers as much as $36 billion per annum. We're not quite sure how that figure was hatched, but the Government has decided to have a shot at arresting it by amending the Fair Work Act to enable the Fair Work Commission to make "stop bullying orders".

So, how will it work? Well, it's not entirely clear.

Under the proposed provisions, which are meant to take effect on 1 July 2013, if a worker reasonably believes he or she is being bullied, they can make an application to the FWC for an order to prevent the conduct.

What amounts to bullying? Apparently it's where an individual, or group of individuals, repeatedly behaves unreasonably towards the worker, or a group of workers of which the worker is a member; and that behaviour creates a risk to health and safety. Glad we cleared that up. Oh, and reasonable management action carried out in a reasonable manner is not bullying. Sound reasonable?

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