Proposed approach for workplace bullying raises questions

“Today’s announcement that the Australian Government will give the Fair Work Commission (FWC) the power to deal with complaints about workplace bullying is likely to cause more problems than it solves. Bullying is a serious issue, but it is a work health and safety issue and should not be mixed up with industrial relations,” Ai Group Chief Executive Innes Willox said today.

“There is a lot of misunderstanding of what workplace bullying actually is. Workplace bullying is a problem that primarily falls within the jurisdiction of work health and safety laws, which have a strongly preventative focus, and not industrial laws. The government’s proposal is likely to increase the confusion and increase disputation.

“The proposal begs the question of what types of orders would be appropriate for an industrial tribunal to issue in respect of bullying complaints from employees; surely not compensation. If so, the proposal will lead to a raft of speculative claims from employees and a marked deterioration in workplace relations.

“Industry recognises the significant costs and other negative impacts of workplace bullying. Workplace bullying is an issue that employers take very seriously.

“Work health and safety laws, regulations and codes are the most appropriate regulatory approach to address workplace bullying, not the Fair Work Act and the Fair Work Commission.

“Bullying complaints and the high community cost of bullying can best be addressed by a renewed emphasis on prevention. Governments need to devote more resources to working with industry groups and other stakeholders to educate employers, employees and the community on what workplace bullying is and how it should be prevented and dealt with. The government’s proposed approach is not the answer,” Willox said.