Mary YaagerExecutive 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 2012.

Federal Government InquiryFederal 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 reportKey findings within the report

Key Recommendations Key Recommendations

Unions welcome the new Bullied at Work Unions welcome the new Bullied at Work ProvisionsProvisions

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 The Legislation

WorkCover Complaint Form WorkCover Complaint Form

We all have a responsibility to stop We all have a responsibility to stop workplace bullying 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 Dignity and Respect Charter

Unions NSW released a Dignity & Respect Charter & Campaign in 2004.

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 WORKPLACEDIGNITY & RESPECT IN THE WORKPLACE

RememberRemember 10% are victims

10% are offenders80% are bystanders

RememberRemember 10% are victims

10% are offenders80% are bystanders

Dignity and Respect in the Workplace Dignity and Respect in the Workplace CharterCharter

The Definition of “Bullied”The Definition of “Bullied”

Five Steps To A Bully-Free WorkplaceFive 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 FWCApplications by workers to the FWC

Informal ActionInformal Action

Problem not resolved

Problem not resolved

FORMAL COMPLAINTS PROCEDUREFORMAL COMPLAINTS PROCEDURE

InvestigationInvestigation

MeetingMeeting

OutcomeOutcome

ResolvedResolved Not Resolved APPEALNot Resolved APPEAL

Problem ResolvedProblem Resolved

Complaint ProcedureComplaint Procedure