The FWC anti-bullying jurisdiction - the first 12 months

The Fair Work Commission has now released its latest report on the anti-bullying jurisdiction, completing a year of statistical information and interesting insights into the first 12 months of the new jurisdiction's operation.

For the period 1 January 2014 to 31 December 2014, the Fair Work Commission received a total of 701 anti-bullying applications. Diagram 1 below, shows applications received per quarter for the first 12 months.

Diagram 1 - Anti-bullying applications received per quarter 2014

Of those applications, 527 applications have been finalised with the following results:

• 149 applications withdrawn early in the case management process and prior to substantive proceedings (that is withdrawn with the case management team or with Panel Head);
• 90 applications withdrawn prior to proceedings (includes withdrawals prior to a listing, before a listing conference, hearing, mention or mediation);
• 154 applications resolved in a listed conference, hearing, mention or mediation;
• 78 applications withdrawn after a conference or hearing but before a decision; and
• 56 applications resulting in a decision.  

A total of 55 applications were dismissed for reasons set out in Diagram 2 below.

Diagram 2 - Dismissed applications

The majority of applications were made by direct employees, with only a small handful being made by indirect labour hire employees and contractors. Seven applications were received from volunteers.

Diagram 3 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 the least amount of applications originated from businesses employing between 51 to 100 employees.

Diagram 3 - Size of business from which anti-bullying applications were received

Diagram 4 below sets out the main categories of persons against whom bullying applications were lodged against.

Diagram 4 - Category of persons that applications were made against

(* Another individual refers to an individual not employed or engaged by the employer or principal. For instance, a visitor to the workplace.)

New South Wales received the majority of claims followed by Victoria, Queensland and Western Australia.

The top three industry sectors for bullying applications were the clerical industry, health and welfare, retail, followed by the educational services, manufacturing and associated industries, hospitality and social, community, home care and disability services sectors.

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.