new australian anti-bullying laws 2014: is your business ready?
DESCRIPTION
The new anti-bullying laws take effect from the 1st January 2014. This webinar, presented by Andrew Bland, takes a timely look at the new bullying jurisdiction and what it will mean for your business. From January 2014, workers who are being bullied at work will be able to apply to the Fair Work Commission for orders to stop the bullying. There will be consequences for employers who contravene these orders. The webinar provides an overview of: the definition of bullying; who can make an application; the application process; the ‘reasonable management action’ exception; and what happens if orders are not followed. The webinar wraps up with practical steps for employers to ensure they are compliant and ready for the new laws. www.blandslaw.com.auTRANSCRIPT
New Bullying Laws
December 2013 By Andrew Bland The information in this presentation is general in nature and does not constitute formal legal advice.
www.blandslaw.com.au
1. Introduction 2. Bullying - the current landscape 3. Who is covered by new jurisdiction? 4. Bullying – definition 5. Reasonable management action 6. FWC process 7. FWC orders 8. Penalties 9. Practical steps for employers 10. Commentary
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From 1 January 2014, the Fair Work Act
will be amended to include a new bullying
jurisdiction
Large number of claims expected
Employers who are prepared should not
be concerned by the changes
Be prepared - make sure you understand
the new laws and that your policies are
legally compliant.
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Bullying raised indirectly through a number of different claims: 1. Unfair dismissal
2. General Protections claims (adverse action)
3. Discrimination
4. Injury and disability
5. Termination and temporary absence
6. Workers compensation and stress-related claims
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New claim under the Fair Work Act
A worker who is bullied at work can apply
to the FWC for orders to stop the bullying
Need to consider definition, coverage,
relevant matters and process
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‘Worker’ • Includes contractors; sub contractors; apprentices;
volunteers - wide range.
• Are they connected to, or do they work for, a ‘constitutionally covered’ business
‘Constitutionally covered business’ • Corporations – ie foreign; and trading or financial
• Commonwealth and Territory employees
• Unincorporated businesses excluded eg sole traders; partnerships
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‘Bullied at work’ • Definition included in the amendments
• If an individual or group of individuals repeatedly
behaves unreasonably towards the worker and
that behaviour creates a risk to health and safety.
Two key elements: • Repeated and unreasonable behaviour
• That creates a risk
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Specific exclusion for reasonable
management action
Not a blanket exception for all
management action
Note the requirement that the action must
be ‘carried out in a reasonable manner’
Intended operation is fair and consistent
performance management that is justified
in the circumstances.
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FWC must deal with an application within
14 days. • some action - may not be a hearing or conference
in that time frame.
FWC will check application is complete
and serve it on other parties.
Assessment process
Mediation or hearing
Appeal option
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Wide power to make orders to stop the
bullying
Must first be satisfied that: • Worker has been bullied; and
• That there is a risk the bullying will continue.
Orders must be non-pecuniary (ie no orders
for compensation or fines).
Orders may be directed at individuals to stop
certain behaviour; to monitor behaviour;
policy compliance and policy review.
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Civil penalty provisions
Sanctions for breaching an FWC order
Fines: • Individuals up to $10,200
• Corporations up to $51,000
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Review workplace policies • Clear statement that prohibits bullying
• Define bullying
• Internal complaints handling process Note this is a relevant consideration for FWC
Consider workplace training that includes
bullying
Workplace health check: • Is there a workplace culture/ behaviour problem?
• Does management model good behaviour?
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Review and update policy suite
How are employees made aware of policies? • Consider workplace policy training/ implementation
Performance reviews
Does management model best practice?
If necessary, follow a robust performance
management process
If unsure, seek assistance.
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Applications expected to increase from Jan
2014
FWC has released an Anti-Bullying
Benchbook
If you are prepared and across the
changes, should be minimal impact
If you are aware of workplace issues now,
act promptly and get advice early
www.blandslaw.com.au
www.blandslaw.com.au
Private company owned by Andrew Bland
Established in 2003 and located in North
Ryde, NSW.
Core expertise: • Industrial relations / Employment law
Additional expertise: • All aspects of general commercial law
• Social media law.
www.blandslaw.com.au
For more information, please contact:
• Andrew Bland
• Principal, BlandsLaw
• T: (02) 9805 5600
www.blandslaw.com.au