The new anti-bullying jurisdiction - first quarter results

The Fair Work Commission (the Commission) has released its first quarterly report on its new anti-bullying jurisdiction which includes interesting statistical information.

For the period 1 January 2014 to 31 March 2014, the Commission received a total of 151 anti-bullying applications.

Of those applications, 56 applications have been finalised with the following results:

• 23 applications withdrawn early in the case management process and prior to substantive proceedings;
• 5 applications withdrawn prior to a conference or hearing;
• 16 applications resolved in a conference, hearing, mention or mediation;
• 4 applications withdrawn after a conference or hearing but before a decision; and
• a decision issued in 8 applications.  

The majority of applications were made by employees, with only a small handful being made by labour hire employees and contractors. An apprentice and volunteer each made an application.

Diagram 1 below, sets out the number of applications by reference to the business size (number of employees). The majority of applications originated from businesses of 100 plus employees and interestingly, the least amount of applications originated from businesses employing between 51 to 100 employees.

Diagram 1 - Size of business from which anti-bullying applications were received

Diagram 2 below sets out the main categories of persons against whom bullying applications were lodged against.

Diagram 2 - Category of persons that applications were made against

The top four industry sectors for bullying applications were are the clerical industry, closely followed by the retail, health and welfare services and educational services.

This data comprises only the first quarter of the anti-bullying jurisdiction and it is too early to consider any trends or patterns. It does however provide a very interesting insight into the developments within the jurisdiction so far.

If you would like more information about this article or the anti-bullying jurisdiction generally,  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.