On 1 January 2014, new workplace bullying laws will form part of
the Fair Work Act 2009 (Cth). These laws will entitle
workers to apply to the Fair Work Commission (the Commission),
Australia's industrial tribunal, alleging that they have been
bullied in the workplace. It has been predicted by the General
Manager of the Commission that there may be up to 3,500
applications per year to the Commission under these provisions.
The current state of play
At present, there is no Australian legislation that specifically
prohibits workplace bullying. Therefore, depending on the type of
workplace bullying which is alleged, workers have had to rely on
other general laws such as occupational health and safety laws,
workers' compensation laws, anti-discrimination laws and the
general protection provisions of the Fair Work Act 2009
(Cth), as well as common law claims.
