Your SlideShare is downloading. ×
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

Anna Lee Cribb - Fair Work Commission - KEYNOTE ADDRESS: New Year, new legislation: The new anti-bullying jurisdiction for the Fair Work Commission

507

Published on

Commissioner Anna Lee Cribb, Member of the Tribunal, Fair Work Commission presented this at the National Workers' Compensation Summit 2014. The Summit focused on minimising workplace injury claims …

Commissioner Anna Lee Cribb, Member of the Tribunal, Fair Work Commission presented this at the National Workers' Compensation Summit 2014. The Summit focused on minimising workplace injury claims through establishing a successful safety culture and embrace working towards successful outcomes should a workers compensation claim arise.

Find out more at http://www.informa.com.au/nwc14

Published in: News & Politics
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
507
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
16
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. The new Anti - Bullying Jurisdiction Commissioner Anna Lee Cribb 27 February 2014
  • 2. Outline • The essential features of the new jurisdiction – What is bullying? – What workplaces are covered? – Who can apply and how? – What is the role of the FWC? • How does the new jurisdiction operate? • Experience to date © Commonwealth of Australia — Fair Work Commission 2
  • 3. I am here to share but....... • The views are my own and are not to be taken to be those of the FWC • Cannot provide advice – not commenting on policy • Information is general and it is not possible to be definitive © Commonwealth of Australia — Fair Work Commission 3
  • 4. Essential features • What is bullying? • A worker is bullied if: • While at work in a constitutionally-covered business; • An individual or group repeatedly behaves unreasonably towards the worker or a group of workers; and • The behaviour creates a risk to health and safety. • Bullying does not include reasonable management action carried out in a reasonable manner © Commonwealth of Australia — Fair Work Commission 4
  • 5. The essential features (ctd) • Broad scope of applicants (workers) and other parties (individuals) • Broad coverage - Commonwealth employment, constitutional corps, Territories – with State govt, non-corporate and ADF “exclusions” • Multiple legal and practical relationships and parties © Commonwealth of Australia — Fair Work Commission 5
  • 6. Essential features (ctd) • The role of the FWC (and the remedy) is preventative (not remedial, punitive or compensatory) • There will be difficult parties, complex behaviours and issues and on-going employment/contractual relationships • Requirement to commence process quickly – 14 days • Parallel applications © Commonwealth of Australia — Fair Work Commission 6
  • 7. Essential features (ctd) • What workplaces are covered? • Constitutionally-covered business if: • A person conducts a business or undertaking (PCBU) within the meaning of the WHS Act 2011 and is either: • A constitutional corporation (trading or financial); • The Commonwealth or a Commonwealth authority; • A body corporate incorporated in a Territory; • The business or undertaking is conducted principally in a Territory or a Commonwealth place. © Commonwealth of Australia — Fair Work Commission 7
  • 8. Essential features (ctd) • Exemptions - ADF and national security exemptions • S.789FI – This part not to prejudice Australia’s defence, national security etc. • Nothing requires or permits actions that could reasonably be expected to be prejudicial to: • Defence • National Security • Covert and international operations of the AFP (s.12E WHS Act) • Ss.789FJ-FL – Declarations that FW Act provisions do not apply © Commonwealth of Australia — Fair Work Commission 8
  • 9. Essential features (ctd) • Who may apply and how? • A worker who reasonably believes he or she has been bullied at work • Worker – defined in WHS Act 2011 and means in effect: • An individual who performs work in any capacity including as an employee, a contractor, a subcontractor, an outworker, an apprentice, trainee, student on work experience or a volunteer (but not a member of the ADF) • No time limit • Can have parallel actions © Commonwealth of Australia — Fair Work Commission 9
  • 10. Essential features (ctd) • The role of the FWC • Must start dealing within 14 days • May make an order to stop bullying if: • Satisfied that worker(s) has been bullied and there is a risk will continue • Order is to prevent the worker from being bullied • Cannot include pecuniary amount • Must consider any known outcomes of WHS investigation, internal grievance or other procedures and any other relevant matter © Commonwealth of Australia — Fair Work Commission 10
  • 11. Essential features (ctd) • Type of orders - Explanatory Memorandum provides examples: – Stop specified behaviour – Employer to regularly monitor behaviours – Comply with bullying policy – Provide information and additional support and training to workers – Review employer’s workplace bullying policy – Mediation between the parties – Keep the direct parties apart © Commonwealth of Australia — Fair Work Commission 11
  • 12. How does the new jurisdiction operate? • The new jurisdiction requires from the FWC: • Early and prompt assessment of the applications • Some initial engagement with parties • Streaming and prioritisation • Case by case approach – mediation/conciliation only where appropriate • Early assignment of matters that are proceeding to Members • Matters for determination – deal with as Member sees fit using discretion and powers under the Act • Take account of nature of parties, relationships and alleged behaviour © Commonwealth of Australia — Fair Work Commission 12
  • 13. How does the new jurisdiction operate(ctd)? • Service upon “employers” and individuals • Responses • “Triage” and information gathering • Confirm information on application and desire to proceed • Identify obvious jurisdictional problems • Information on process to all parties © Commonwealth of Australia — Fair Work Commission 13
  • 14. How does the new jurisdiction operate(ctd)? • Panel Head to decide to how and when to be dealt with • Assigned to Member to hear as they see fit: • Preliminary conference • Mediation (only where appropriate) • Conciliation • Urgent hearing for interim or other orders • Jurisdictional determination • Merit and remedy hearing (if appropriate) • Appeals • Reference to WHS authorities © Commonwealth of Australia — Fair Work Commission 14
  • 15. Experience to date • High level of inquiries to FWC website (over 28,000 views of the AB site each week in January) and 200+ AB calls every week to the FWC Help Line • 66 applications up to 19 February 2014 • 9 applications withdrawn • 37 allocated to Members • About 50% listed for conference • 1 listed for FB hearing © Commonwealth of Australia — Fair Work Commission 15
  • 16. Experience to date (ctd) • Bullying parties have included: • employee v manager/supervisor • employee v employees • supervisor v group of employees • employee v mgr/staff of another business • bully v victim (counter allegations) © Commonwealth of Australia — Fair Work Commission 16
  • 17. Experience to date (ctd) • Types of allegations • none of serious hazing or mobbing • most in the disciplinary action area • a couple of physical/verbal threats and/or physical violence © Commonwealth of Australia — Fair Work Commission 17

×