Key points of AMMA’s submission to Safe Work Australia on the draft code of practice: Preventing and responding to workplace bullying.

  • The draft code of practice, Preventing and responding to workplace bullying, significantly increases the level of regulation for employers (PCBUs) around bullying complaints;
  • Employers of all shapes and sizes will find it extremely difficult to comply with the draft code in its current form but there appears to be a complete disregard for the limited resources available to small business;
  • The draft code fails to take into account the nuanced and sensitive nature of bullying complaints in both language and content;
  • Its automatic triggering of steps may discourage people from raising complaints, contrary to what is intended
  • There is a lack of certainty around the interaction, if any, of this code and the Fair Work Commission’s anti-bullying jurisdiction;
  • The type of information contained in this document should not be in a code but in guidance material to allow more flexible responses;
  • The draft code deals much more with responding to bullying complaints than it does with outlining steps to provide a safe workplace in this area;
  • There needs to be greater emphasis placed on resolving issues at the workplace level first before escalating to the regulator; and
  • The drafters need to take a good look at the document from an editing perspective.

Click here to read the full submission.