This presentation by Employsure provides an overview to workplace bullying in Australia. It is designed to help business owners and managers understand their rights and obligations. It answers the questions: • What is workplace bullying? • What does bullying NOT include? • What are employer obligations when it comes to workplace bullying? • What is the process when a bullying complaint is brought to the Fair Work Commission? -------- Employsure is Australia’s leading workplace relations specialist – providing support with employment relations, HR services, and workplace health & safety. Employsure works alongside employers to set solid foundations for business success. With highly skilled professionals assisting over 24,000 business owners Australia-wide, Employsure provides small to medium-sized businesses with the tools, advice, and assistance to be workplace confident. Instilling Workplace Confidence Employsure’s main objective as workplace relations specialists is to give business owners peace of mind when they need it most. This is achieved by providing employers advice on the Fair Work Act, National Employment Standards (NES), and relevant Modern Awards. Employsure clients receive tailored documentation such as employment contracts, policies, and procedures – as well as immediate updates of relevant legislative changes. May the situation present itself, Employsure also provides its clients with representation and legal protection. Employsure also reviews workplace health and safety processes and documents to identify specific gaps and solutions. Based on this, best practice tools are provided to lay the foundations for ensuring a fair and safe workplace. In essence, Employsure believes that all business owners, no matter their size, deserve access to comprehensive, quality and honest advice – and support that is scalable to the needs of their business. -------- CONNECT WITH US Email: comms@employsure.com.au Website: https://employsure.com.au/ YouTube: https://www.youtube.com/user/Employsure/ Facebook: https://www.facebook.com/employsure.com.au/ LinkedIn: https://au.linkedin.com/company/employsure Twitter: https://twitter.com/Employsure Instagram: https://www.instagram.com/employsure/

1. employsure.com.au
Workplace
Bullying.

2. Bullying at work is a serious matter and it is
imperative employers understand what it is and
how to prevent it happening in the workplace.
The following topic will be covered in this
presentation:
• What is classified as bullying?
And what isn’t?
• Bullying and employer obligations
• Bullying complaints
• The Fair Work Commission process
• Finding a resolution
Bullying at work.
Bullying explained
For more information on
bullying in the workplace and
what employers should do to
mitigate the situation, check out
our online guide. Learn more.
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3. Bullying at
work occurs
when:
• a person or a group of
people repeatedly behaves
unreasonably toward a
worker or a group of
workers at work,
and
• the behaviour creates a risk
to health and safety.
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navigate more difficult situations
faced as a business owner.
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4. What is classified
as bullying?
• Being aggressive, intimidating or humiliating
• Bad language or rudeness
• spreading malicious rumours
• Teasing, practical jokes or ‘initiation ceremonies’
• Exclusion from work-related events
• Displaying offensive material
• Pressure to behave in an inappropriate manner
• Unreasonable work expectations, including too much or too little work,
or work below or beyond a worker’s skill level
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5. Bullying does not include
reasonable management
action carried out in a
reasonable manner. For
example, performance
management processes.
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6. Under work health and safety
legislation, employers have a
duty to provide workers with
a safe workplace.
Bullying poses a risk to worker
health and safety, and therefore
employers need to respond
quickly and appropriately to any
bullying issues that are raised.
Employers also need to take
proactive steps to prevent or
minimise the risks posed by
bullying. At a minimum, this
should include having a bullying
and harassment policy in place
that clearly sets out behaviour
expectations. Enforcing this
policy is also essential.
Depending on the company, it
may also include conducting
bullying and harassment
training on a regular basis to
ensure workers know and
understand the policy.
Employer obligations.

7. Bullying
complaints.
• The Fair Work Act states that a worker that
reasonably believes they have been bullied at
work may make an application to the FWC for
an order to stop the bullying.
• A worker is defined to include employees
(including apprentices and trainees) as well as
contractors and subcontractors.
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8. Time limit for
complaints.
• Unlike other types of claims that are lodged with the
FWC, there is no time limit for making an application to
the FWC regarding workplace bullying.
• There is a requirement that a worker must still be
exposed to bullying by the same individual or group at
the time of making an application. This is because the
FWC can only make an order if there is a risk that the
worker will continue to be bullied.
• Accordingly, applications cannot be made if the worker
is no longer engaged in connection with the workplace
where they alleged the bullying conduct occurred.
employsure.com.au

9. Fair Work
Commission
process.
After a worker has made an application for an order to
stop bullying at work, the FWC will ask for a response
from:
• the employer who employed or engaged the worker and
• the person or people the worker has alleged is bullying
them
The employer must complete its response and send it to
the FWC within seven days.
The FWC will then hold a mediation, conference or hearing
to resolve the matter.
employsure.com.au

10. Powers of
the Fair Work
Commission.
Before making an order, the FWC must take into account:
• any outcomes arising out of an investigation into the
alleged bullying conducted by another person or body, and
• any procedures available to the worker to resolve the
alleged bullying and any outcomes arising from those
procedures
• any other matters the FWC considers relevant
The FWC can make an order to stop a worker being bullied at
work if satisfied that:
• the worker has been bullied at work by an individual or
group of individuals, and
• there is a risk that the worker will continue to be bullied at
work by the same individual or group
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11. Resolving
the issue.
The focus of any orders made must be to
prevent further bullying. Actions that the FWC
might consider could include:
• requiring the individual or group of
individuals to stop the specified behaviour,
• providing information, additional support
and training to workers, and/or
• reviewing the company’s bullying policy.
employsure.com.au

12. Navigating workplace
relations can be confusing.
Employsure works directly with employers to ensure they
stay on top of rapidly changing legislation and provide a fair
and safe workplace for their staff.
Get in touch with us today to find out how we can help your
business grow.
To receive the most up-to-date news and small business
information sign up for our Free Monthly Newsletter.
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13. Phone 1300 651 415 or visit employsure.com.au