From 1 January 2014 bullied workers may be able to apply to the Fair Work Commission for an order for the bullying to stop.
Changes to the Fair Work Act 2009 enacted by the previous Labor government and kept in place by the current coalition government (in a rare example of bipartisan support on an issue) are designed to cover not only employees but contractors, subcontractors, volunteers and even work experience students.
Everyone within those categories in Victoria, the ACT and the NT is covered by the changes. In the other States, it's a bit of a patchwork. If bullied workers either work for or at a business that is a sole trader or partnership rather than a company, they may miss out.
This less than ideal situation reflects the federal nature of government in Australia and the limits on the Commonwealth's legislative powers imposed by the Constitution. Victoria is able to take advantage of the fact that it referred its power to make laws on workplace relations matters to the Commonwealth over 20 years ago.
Still something is better than nothing and the changes offer workers the opportunity to deal with issues that are often addressed clumsily and ineffectively through workplace health and safety laws or workers compensation laws.
Click here to view my summary of what is about to become Part 6-4B of the Fair Work Act 2009.
Of course if a workplace has the right practices and policies in place bullying should never happen or if it does it should be dealt with before it becomes a major issue. But we don't live in a perfect world, do we? Time will tell if the changes will make a difference and help stamp out what some experts see as an endemic problem in Australian workplaces.
Greg Doran
Director
Anyone seeking advice about workplace laws should contact Nevett Ford Melbourne Lawyers on 03 9614 7111.
