House of Representatives Committees

| House of Representatives Education and Employment

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Workplace Bullying: We just want it to stop

October 2012

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)