THE Fair Work Commission has today released a draft anti-bullying Case Management Model and draft Benchbook for public comment in preparation for the jurisdiction’s 1 January 2014 introduction.
Fair Work Commission President, Justice Iain Ross said the resources were the first steps in informing potential parties of the procedures, relevant legislative provisions and scope of the jurisdiction and remedies the Commission may order.
“This is not a compensation jurisdiction,” Justice Ross says.
“The new anti-bullying jurisdiction is not an avenue to provide compensation to those who have been subjected to bullying; and nor is it about penalising employers. It is directed at preventing workers from being bullied at work.”
Justice Ross also confirmed Commissioner Peter Hampton as the new anti-bullying Panel Head.
The case management model has various steps, which culminate in the Panel Head determining if the matter should be sent for voluntary mediation with a Commission staff member, or direct to a Commission Member for mediation, conciliation or arbitration.
“Our key considerations have been to ensure that our processes are practical, efficient and fair,” Justice Ross says.
“Each application will be assessed at an early stage to decide whether it falls within our jurisdiction, the parties involved, the nature of the alleged bullying and how the application should be dealt with.
“All parties will be treated fairly and relevant parties will be given an opportunity to be heard.
“Where mediation or conciliation is undertaken there will be an emphasis on resolving the issues to ensure constructive and cooperative workplace relationships can resume. Monetary settlements will not be promoted or recommended by the Commission.”
Click here for the Case Management Model.
Click here for the Anti-bullying Benchbook.
Please contact AMMA’s senior workplace policy adviser Lisa Matthews on (03) 6270 2256 or at [email protected] for any feedback on the model and benchbook.
Fair Work Commission President, Justice Iain Ross AO, has also written a short article regarding the Anti-bullying jurisdiction.