House of Representatives Committees

| House of Representatives Education and Employment

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Workplace Bullying: We just want it to stop

October 2012

© Commonwealth of Australia 2012

ISBN 978-0-642-79792-6 (Printed version)
ISBN 978-0-642-79793-3 (HTML version)

View the report as a single document - (PDF 1.3MB)


View the report as separate downloadable parts:

Preliminary pages (PDF 161KB)
 
Chapter 1 Workplace bullying: we just want it to stop (PDF 239KB)

Introduction
The experience of workplace bullying
Prevalence and national evidence base
The cost of workplace bullying
The cost to employers
Personal costs
Definitions
Unpacking the definition: what is, and what is not, workplace bullying
Defining the workplace
Workplace bullying as a risk to work health and safety
Scope of inquiry and parameters
Constitutional limitations
Conduct of the inquiry
Inquiry process
Structure of report

 
Chapter 2 Legislative and regulatory frameworks (PDF 346KB)

Introduction
Workplace bullying triage
Work health and safety law
Current obligations
Role of the regulator in enforcing the law
Codes of practice and guidance material
Elevating employers’ obligations and standards to nationally consistent regulation
Criminal law
Victoria and Brodie’s Law
The Commonwealth and cyber-bullying
Other state and territory criminal laws
Anti-discrimination law
Protected attributes
Individual right to seek remedies
Industrial relations law
Fair Work Act 2009
Workers’ compensation law
Worker must be able to show that injury is work-related
Reasonable management action
Common law rights
Disconnect between workers compensation and work health and safety laws
Concluding comments

 
Chapter 3 From legislation to implementation (PDF 273KB)

Introduction
Translating legal responsibilities into practice
Policies to prevent bullying
Do all workplaces need policies against bullying?
What should a bullying prevention policy include?
Responding to workplace bullying
Early intervention
Committee comment
Complaints procedures and resolution
Investigation
Committee comment
Outcomes and consequences
Outcomes sought by targets of bullying
An anomaly: the fitness for duty test in the public service
No mandatory decision making procedures
Onus on worker to seek review of decision
Committee comment
Moving on from bullying at work
Reviewing the work environment
Committee comment

 
Chapter 4 Workplace cultures (PDF 160KB)

Introduction
What is workplace culture and how does it affect bullying?
Role of leaders and managers
Specific training for management
Investing in healthy workplace cultures
Improving workplace culture
Information and training for all workers
Workplace culture – everyone’s responsibility
Bystanders
Committee comment

 
Chapter 5 Enhancing tools for the prevention and resolution of workplace bullying (PDF 274KB)

Introduction
Complexity of regulation and dispersed support services
A national service: advice, assistance and resolution
Provision of practical advice
Committee comment
Resolution assistance and mediation services
Committee comment
A single entry point to regulators
Clarifying the public’s expectation of regulators’ powers and responsibilities
Committee comment
Raising awareness and promoting education of workplace bullying
Promoting the final Code of Practice
Committee comment
Recognising good culture: a national accreditation system
Committee comment
Improving the national evidence base
Committee comment
Young workers
Vulnerability of young workers
Educating on workplace rights and good workplace behaviour
Protecting young people
Committee comment

 
Chapter 6 Enforcement and remedies (PDF 257KB)

Introduction
Enforcement
Work health and safety laws
Committee comment
Accountability where workers’ compensation is awarded
Committee comment
Criminal law
Committee comment
Individual right to seek remedies
Could the Fair Work Act be extended?
Committee comment
Support for getting workers back into the workforce
Workers’ compensation return-to-work programs inefficient
Broader assistance is available through employment participation programs
Committee comment

 
Appendix A – Submissions (PDF 56KB)
 
Appendix B –Exhibits (PDF 25KB)
 
Appendix C –Hearings and witnesses (PDF 75KB)
 
Coalition Members' Dissenting Report—Mr Rowan Ramsey MP; Mrs Karen Andrews MP; and Mr Alan Tudge MP (PDF 69KB)

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