Mary Yaager Executive Officer

The Federal Government established an inquiry into workplace bullying. The Terms of Reference were broad and included;  the extent;  the costs; and  the impact of workplace bullying. They received over 300 submissions from Unions, employers and individuals. These submissions highlighted the enormous human toll of workplace bullying. Unions NSW made a submission and a number of recommendations. The Parliamentary Committee’s Report into Workplace Bullying Report “We just want it to stop it” was released October Federal Government Inquiry

The Report highlighted the Productivity Commission findings:  2.5 million Australians experience some type of bullying during their lives.  Costs to the Australian economy is between $6 to $36 billion per annum.  Average cost of claims to employers $17,000 – $24,000 per annum. The costs to the individual both in financial and in human terms is overwhelming. Some of these individuals have been through the most traumatic experiences, imaginable and will never recover, sadly this has led to them taking their own lives. Key findings within the report

Key Recommendations There were 23 recommendations within the report : Defining what is and what is not workplace bullying. Develop an accredited program for managers & HSRs Ensure that the requirements of Draft Code of Practice Managing the Risk of Workplace Bullying are met ( now a guidance note). Improving workplace cultures. Enhancing tools for the prevention of early resolution of workplace bullying incidences. Introduction of a Bullying hotline. Introduce provisions into the Fair Work Act.

No Real Resolution:- Workers had no real avenue The individual worker : - Resigned Claimed Compensation. Go through the complaint process Said nothing and tolerated the behaviour. New Laws Bullied at Work Provisions For the First time the workers have a real avenue to pursue their matter legally. Unions welcome the new Bullied at Work Provisions

Bill Shorten the Minister, introduced legalisation amending the Fair Work Act – New Bullied at Work Provisions.  A worker who reasonably believes he/she has been bullied at work can apply to the FWC.  Must be a ‘worker’ including an employee, contractor, sub-contractor, out worker, apprentice, trainee and a student gaining work experience or a volunteer.  The worker must be employed in a “constitutionally- covered business”.  There must be risk to the worker that they will be continued to be bullied at work.  FWC must deal with the Application in 14 days.  FWC may hold a conference with the parties or a hearing or refer the matter to the Work Health & Safety Regulator. The Legislation

WorkCover Complaint Form

We all have a responsibility to stop workplace bullying The Chair of the Parliamentary Committee, Amanda Rishworth said; “Bullying is happening far to frequently in our workplaces and we all have a responsibility to stop it in its tracks! When we take into account the human economic costs it is in all our interests”. The new laws provides the opportunity for unions and employers to work together on;  developing and implementing policies and procedures  improving workplace culture  setting the standards on what is and what is not acceptable behaviour.

Dignity and Respect Charter  Unions NSW released a Dignity & Respect Charter & Campaign in  At that time there was a vacuum no legislation, very little information.  Released a number of resources, including fact sheets, templates training packages etc.  Unions NSW is revising this Charter to incorporate Fair Work Act Amendments.

Everyone should be treated with Dignity and Respect “ the standard that you walk by is the standard you accept” Chief of Army, Lieutenant General David Morrison, AO, to the Australian Army DIGNITY & RESPECT IN THE WORKPLACE Remember 10% are victims 10% are offenders 80% are bystandersRemember 10% are victims 10% are offenders 80% are bystanders

Everyone in the workplace has a responsibility Definitions of bullying behaviour, including single one off incidents Reasonable management action Obligations Under the WHS ACT and Regulations Fair Work Provisions Steps for workers Dignity and Respect in the Workplace Charter

The Definition of “Bullied” Needs to occur more than once. Refers to the persistent nature of the behaviour and can refer to a range of behaviour over time. Repeated behaviour Broad notion (full range of behaviour) Behaviour that a reasonable person, having regard to the circumstances would regard as unreasonable. Includes but is not limited to victimising, humiliating, intimidating and threating. Unreasonable behaviour Consistent with workplace health and safety risks. (physical and physiological). Risk to Health and Safety

STEP 1 – Workplace Consultation STEP 2 – Workplace Awareness CampaignSTEP 3 – Training and Development STEP 4 – Procedures to Deal with ComplaintsSTEP 5 – Consultation and feedback Five Steps To A Bully-Free Workplace

Unions will continue to campaign to ensure the;  Process for a worker to make an application to the Fair Work Commission is simple and fair.  FWC deals with these matters promptly – particularly if they believe the worker has a legitimate application and the employer has failed in their duty of care.  Unions also want to work closely with employers in implementing policies, procedures and training.  The FWC should be the last resort. Applications by workers to the FWC

Informal Action Problem not resolved FORMAL COMPLAINTS PROCEDURE Investigation Meeting Outcome Resolved Not Resolved APPEAL Problem Resolved Complaint Procedure