Workplace Bullying Laws Australia: A Complete Guide for Employers
Understanding workplace bullying laws Australia is essential for maintaining a safe and productive environment. Under the Fair Work Act, bullying occurs when a person or group repeatedly behaves unreasonably toward a worker. Furthermore, this behavior must create a risk to the health and safety of the individual to meet the legal definition.
Who is Classified as a Worker?
The Fair Work Act defines a “worker” very broadly. Specifically, it includes:
- Employees, contractors, and subcontractors.
- Apprentices, trainees, and interns.
- Work experience students and volunteers.
- Outworkers who perform tasks from home.
Identifying Common Examples of Bullying
Bullying can manifest in many different ways within a professional setting. For example, setting unreasonable tasks that are significantly above or below an employee’s skill level is a common sign. Additionally, aggressive behavior, spreading rumors, or excluding someone from work-related events can be classified as bullying.
Moreover, if these behaviors target a person’s age, gender, race, or disability, they may also violate anti-discrimination laws. Racial and sexual harassment are strictly against the law in every Australian state.
How to Prevent Bullying in the Workplace
Workplace bullying laws Australia require employers to take active preventative measures. To begin with, all workplaces should implement a formal “Bullying and Harassment Policy.” In addition, you should conduct regular training sessions so every employee understands the expected conduct and reporting procedures.
If an employee feels targeted, they should follow these internal steps:
- Contact a direct supervisor or management.
- Approach the Human Resources office.
- Speak with a health and safety representative.
However, if internal efforts do not result in a resolution, the worker can seek external help from the Fair Work Commission, a union representative, or an HR consultant like Assurance HR Management.
What is Reasonable Management Action?
Managers have a right to lead, provided their actions are “reasonable.” In other words, management action is not bullying if it is carried out in a fair and transparent way.
Reasonable actions include:
- Conducting regular performance management reviews.
- Issuing disciplinary action for misconduct.
- Addressing underperformance to maintain workplace goals.
Consequently, if management provides feedback in a clear approach that aligns with company policy, it is generally protected under the law.
The Process for Bullying Claims
Employees can lodge a claim with the Fair Work Commission while they are still employed. Once an application is filed, Fair Work has 14 days to address it. The employer then has 7 days to provide a formal response.
Ultimately, if a tribunal finds that bullying occurred, they may order the employer to stop the behavior or update their policies. While the Commission does not award financial penalties, these hearings are serious and require expert guidance.
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Partner with Assurance HR for Compliance
Assurance HR helps you maintain a harmonious workplace. Because we specialize in workplace bullying laws Australia, we can help you review your policies and ensure you meet all legal requirements.
Contact Assurance HR today on 1800 577 515 to discuss a framework that protects your business and your people.
