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April 26, 2024

Empowering Ummah

ABN 98 163 220 438

New federal laws to target workplace bullying

 

 The Federal Government has announced much anticipated workplace reform laws that will target workplace bullying that covers Australian private businesses, government agencies, corporations, state and local governments.  This means that a worker who reasonably believes they are being bullied at work can apply to the Fair Work Commission (FWC) for an order to stop the bullying.

Workplace bullying is unlawful because it can create a risk to health and safety to the welling being of the victim and can have serious consequences if allowed unregulated by law. This also means workplace bullying offences will stand next to other serious offences of sexual harassment at workplace.

As the law stands now, any person who carries out work in any capacity can apply for an order with FWC and these persons include;-

  • Contractors
  • students who work to gain work experience
  • volunteers

To be successful, the victim must show that the perpetrator  or group of individuals at work have repeatedly behaved that is no expected of a fellow employee and that behaviour created risk to health and safety to the victim.

This means the alleged offending behaviour must be repeated and is unreasonable where the unreasonable behaviour under the circumstances is tested objectively such as victimising the worker, humiliating, intimidating or threatening the worker.

This new law will bring much comfort to thousands of silent victims of workplace bullying and it is a welcome move which workers, employers and  trade unions must promote for a harmonious and productive  workplace.