What is bullying?

The FairWork Commission established the first workplace bullying legislation after a Federal Education and Employment report found in 2012 that workplace bullying costs the Australian economy between $6 billion and $36 billion every year.

Thinking of submitting a claim with Fairwork? Think again. The process is an extremely lengthy one - from the time of application to the final decision - and most likely the claim won’t make the distance. From the 343 applications submitted in 2014, the FWC finalised only 21 claims and one dismal claim was granted. This was mostly due to the claims not fitting the Commission’s cooky-cutter definition of “bullying.”

• Section 789FC states a worker who “reasonably believes” that they have been bullied can apply to the FWC for an order to stop bullying.

• Section 789FD (1) states that a worker is bullied at work when:

1. Another individual or group of individuals “repeatedly behaves unreasonably towards a worker;” and

2. “that behaviour creates a risk to health and safety.”