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Anti-bullying legislation effective in the New Year: What you should know

AREEA senior workplace policy adviser Lisa Matthews summarises upcoming amendments to anti-bullying provisions of the Fair Work Amendment Act 2013, to take effect from 1 January 2014.

From 1 January 2014, a new anti-bullying provision of the Fair Work Amendment Act 2013 will commence, introducing a new jurisdiction for the Fair Work Commission to deal with bullying complaints.

The changes will apply to a person who ‘reasonably believes’ they have been bullied at work, allowing them to apply to the Fair Work Commission for orders to stop the bullying. The commission must start dealing with such applications within 14 days.

If the commission is satisfied the worker has been bullied AND there is a risk they will continue to be bullied, it can make an order to stop the bullying. The commission is not allowed to order reinstatement, compensation or penalties associated with any initial applications.

The commission can, however, refer matters to a work health and safety regulator where appropriate.

The Act clarifies that ‘reasonable management action’ when carried out in a reasonable manner will not be considered bullying.

People bringing applications to the commission for orders to stop the bullying will not be prevented from pursuing matters under work health and safety or criminal laws as access to other remedies will not be blocked by applications to the Fair Work Commission.

To view the Fair Work Commission’s recently released draft case management model for how it will handle bullying claims, click here.

To view the FWC’s draft anti-bullying benchbook, click here.

For AREEA’s comprehensive Q&A regarding the anti-bullying legislation, click here.

For more information about the anti-bullying regulations and to have some of your questions answered, please contact AREEA senior workplace policy adviser Lisa Matthews on (07) 6270 2256.

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