Safe Work Australia Release Guide for Preventing and Responding to Workplace Bullying

Safe Work Australia has recently released a Guide for preventing and responding to workplace bullying. The guide replaces the previously released draft Code of Practice: Preventing and Responding to Workplace Bullying.

Both guides and codes of practice both provide practical advice to duty holders on achieving the standard of health and safety required under the model WHS Act and Regulations. However, guides are generally less prescriptive than codes and, unlike codes, are not automatically admissible in court proceedings.

Contents of the new guide

In brief, the contents of the Guide for preventing and responding to workplace bullying include the following aspects which were not included in the draft code of practice:

• an outline of the risk factors which may increase the risk of workplace bullying occurring;
• further development of the prevention of workplace bullying guidelines and the policy example;
• a dot point summary for responding to bullying;the addition of a section regarding confidentiality and transparency in managing workplace bullying; and
• the inclusion of a brief appendix outlining the Fair Work Commission's jurisdiction in relation to workplace bullying.

The 'issue resolution' step prior to investigation of a workplace bullying complaint previously contained in the draft Code of Practice has been removed from the guide.

Implications for employers

The less prescriptive approach of the guide may provide employers with greater discretion to choose the options in managing workplace bullying that best suit their particular circumstances. It also serves as a salient reminder for employers to ensure that they have appropriate mechanisms and measures in place to deal with allegations of workplace bullying before the Fair Work Commission's new jurisdiction on workplace bullying commences on 1 January 2014.

Safe Work Australia has also released a document entitled Dealing with Workplace Bullying - A Worker's Guide [click here] and a set of frequently asked questions [click here] regarding workplace bullying together with the guide.

If you would like more information about the guide, the associated documents or workplace bullying in general, please contact National Workplace Lawyers on +61 2 9233 3989. 

National Workplace Lawyers

Note — this is for information purposes only and does not purport to be comprehensive or to render legal advice.