5. External Avenues, 6. Appendix A, 7. Appendix B, 8. Appendix C.

5. External Avenues

Reports of workplace bullying should be raised within the workplace, and reasonable attempts should be made to resolve the matter internally before referring to external agencies. Most external agencies encourage complainants to attempt to resolve the situation within the workplace through an informal or formal process (where available) prior to seeking their assistance.

WHS Regulators and the Fair Work Commission may be contacted where reasonable attempts to resolve a workplace bullying complaint through internal processes within the workplace have failed. The most appropriate agency will depend on the nature of the complaint and the desired outcome.

5.1 Work Health and Safety Regulators

Work health and safety regulators will assess and respond to bullying complaints in accordance with their individual compliance and prosecution policies, which may take into account issues such as the immediate risk to health and safety and possible breaches of work health and safety legislation.

Contact information for state and territory work health and safety regulators can be found in Appendix C.

5.2 Fair Work Commission

Workers who reasonably believe they have been bullied at work may apply to the Fair Work Commission for an order to stop the workplace bullying.

The Fair Work Commission’s anti-bullying jurisdiction does not cover all Australian workers, for example those employed by local councils and state governments. The Fair Work Commission can assist workers to identify if they are eligible to apply for an order.

The Fair Work Commission’s anti-bullying jurisdiction is limited to preventing the worker from being bullied at work. The Fair Work Commission cannot issue fines or penalties and cannot award financial compensation. The focus is on resolving the matter and enabling normal working relationships to resume.

Further information on the role of the Fair Work Commission can be found at http://www.fwc.gov.au

Contact information for the Fair Work Commission can be found in Appendix C.

6. Appendix A.

Example of a Workplace Bullying Policy

[PCBU Name] - Workplace bullying policy

Our commitment

[PCBU name] is committed to providing a safe and healthy workplace free from  bullying.

Workers are protected by this policy whether they feel bullied by a supervisor, another worker, client, contractor or member of the public.

[PCBU name] will treat reports of workplace bullying seriously. We will respond promptly, impartially and confidentially.

This policy will be made available to all workers including contractors. New workers will be given a copy of this policy at their induction. Managers and supervisors will remind workers of the policy from time to time.

Expected workplace behaviours

Under work health and safety laws, workers and other people at our workplace must take reasonable care that they do not adversely affect the health and safety of others.

[PCBU name] expects people to:

• behave in a responsible and professional manner

• treat others in the workplace with courtesy and respect

• listen and respond appropriately to the views and concerns of others, and

• be fair and honest in their dealings with others.

This policy applies to behaviours that occur:

• in connection with work, even if it occurs outside normal working hours

• during work activities, for example when dealing with clients

• at work-related events, for example at conferences and work-related social functions,
  and

• on social media where workers interact with colleagues or clients and their actions
  may affect them either directly or indirectly.

What is workplace bullying?

Workplace bullying is repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.

Repeated behaviour refers to the persistent nature of the behaviour and can refer to a range of behaviours over time.

Unreasonable behaviour means behaviour that a reasonable person, having considered the circumstances, would see as unreasonable, including behaviour that is victimising, humiliating, intimidating or threatening.

Single incidents of unreasonable behaviour can also present a risk to health and safety and will not be tolerated.

What is not workplace bullying?

Reasonable management action taken by managers or supervisors to direct and control the way work is carried out is not workplace bullying if the action is carried out in a lawful and reasonable way, taking the particular circumstances into account.

What can you do?

If you feel you are experiencing or witnessing workplace bullying, and are not comfortable dealing with the problem yourself, or your attempts to do so have not been successful, you should raise the issue promptly either with your supervisor, health and safety representative or other manager within the organisation. If you are a member of the union you may also raise any issues with your delegate.

If you witness unreasonable behaviour you should bring the matter to the attention of your manager as a matter of urgency.

How we will respond

If workplace bullying or unreasonable behaviour is reported or observed we will take the following steps:

• The responsible supervisor or manager will speak to the parties involved as soon as possible, gather information and seek a resolution to satisfactorily address the issue for all parties.

• If issues cannot be resolved or the unreasonable behaviour is considered to be of a serious nature, an impartial person will be appointed to investigate. Both sides will be able to state their case and relevant information will be collected and considered before a decision is made.

• All complaints and reports will be treated in the strictest of confidence.
  Only those people directly involved in the complaint or in resolving it will have access to the information.

• There will be no victimisation of the person making the report or helping to resolve it.
  Complaints made maliciously or in bad faith may result in disciplinary action.

Consequences of breaching this policy

Appropriate disciplinary action may be taken against a person who is found to have breached this policy. The action taken will depend on the nature and circumstance of each breach and could include:

• a verbal or written apology

• one or more parties agreeing to participate in counselling or training

• a verbal or written reprimand, or

• transfer, demotion or dismissal of the person engaging in the bullying behaviour.

If workplace bullying has not been substantiated

If an investigation finds workplace bullying has not occurred or cannot be substantiated, 
[PCBU name] may still take appropriate action to address any workplace issues leading to the bullying report.

7. Appendix B

Workplace Bullying Flowchart

8. Appendix C

Further Information

Work Health and Safety Regulators

• Commonwealth 
  Comcare  
  Website: www.comcare.gov.au   
  Email: general.enquiries@comcare.gov.au 
  Phone: 1300 366 979
  
  

• Victoria
  WorkSafe Victoria 
  Website: www.worksafe.vic.gov.au
  Email: info@worksafe.vic.gov.au
  Phone: 1800 136 089 or 03 9641 1444
  
  

• South Australia 
  SafeWork SA
  Website: www.safework.sa.gov.au
  Email: help.safework@sa.gov.au
  Phone: 1300 365 255
  
  

• Tasmania
  WorkSafe Tasmania
  Website: www.worksafe.tas.gov.au
  Email: wstinfo@justice.tas.gov.au
  Phone: 1300 366 322 (within Tasmania)
  
  

• Australian Capital Territory
  WorkSafe ACT
  Website: www.worksafe.act.gov.au
  Email: worksafe@act.gov.au
  Phone: 02 6207 3000
  
  

• New South Wales 
  SafeWork NSW
  Website: www.safework.nsw.gov.au
  Email: contact@safework.nsw.gov.au
  Phone: 13 10 50
  
  

• Queensland
  Workplace Health and Safety Queensland
  Website: www.worksafe.qld.gov.au
  Phone: 1300 362 128
  
  

• Western Australia
  WorkSafe WA
  Website: www.commerce.wa.gov.au/WorkSafe
  Email: safety@commerce.wa.gov.au
  Phone: 1300 307 877 (within Western Australia)
  
  

• Northern Territory
  NT WorkSafe
  Website: www.worksafe.nt.gov.au
  Email: ntworksafe@nt.gov.au
  Phone: 1800 019 115

Fair Work Commission

• National Helpline: 1300 799 675

• Website: www.fwc.gov.au

Human Rights and Anti-Discrimination Agencies

• Commonwealth
  Australian Human Rights Commission
  Website: www.humanrights.gov.au
  Email: infoservice@humanrights.gov.au
  Phone: (02) 9284 9600 or 1300 656 419 (National Information Service)
  TTY: 1800 620 241
  
  

• Victoria
  Equal Opportunity and Human Rights Commission
  Website: www.humanrightscommission.vic.gov.au
  Email: information@veohrc.vic.gov.au
  Phone: 1300 891 848
  
  

• South Australia
  Equal Opportunity Commission
  Website: www.eoc.sa.gov.au
  Email: eoc@agd.sa.gov.au
  Phone: (08) 8207 1977 or 1800 188 163 (Toll free for regional SA)
  TTY: (08) 8207 1911
  
  

• Tasmania
  Office of the Anti-Discrimination Commissioner
  Website: www.antidiscrimination.tas.gov.au
  Email: antidiscrimination@justice.tas.gov.au
  Phone: (03) 6165 7515 or 1300 305 062 (Statewide local call)
  Web SMS: 0409 401 083
  
  

• Australian Capital Territory
  Human Rights Commission
  Website: www.hrc.act.gov.au/
  Email: human.rights@act.gov.au
  Phone: (02) 6205 2222
  SMS: 0466 169997
  TTY: (02) 6205 1666
  
  

• New South Wales
  Anti-Discrimination Board
  Website: www.antidiscrimination.justice.nsw.gov.au
  Email: adbcontact@agd.nsw.gov.au
  Phone: (02) 9268 5555 or 1800 670 812 (Toll free for regional NSW)
  TTY: (02) 9268 5522
  
  

• Queensland
  Anti-Discrimination Commission
  Website: www.adcq.qld.gov.au/
  Email: info@adcq.qld.gov.au
  Phone: 1300 130 670
  TTY: 1300 130 680
  
  

• Western Australia
  Equal Opportunity Commission
  Website: www.eoc.wa.gov.au
  Email: eoc@eoc.wa.gov.au
  Phone: (08) 9216 3900
  
  

• Northern Territory
  Anti-Discrimination Commission
  Website: www.adc.nt.gov.au/
  Email: antidiscrimination@nt.gov.au
  Phone : (08) 8999 1444 or 1800 813 846 (Freecall)

Other support services

• Lifeline: 13 11 14

• Beyond Blue: 1300 224 636

---

5. External Avenues, 6. Appendix A, 7. Appendix B, 8. Appendix C.

Guide for Preventing and Responding to Workplace Bullying, May 2016

© Commonwealth of Austr​alia 2020

This Guide provides information for persons conducting a business or undertaking on how to manage the risks of workplace bullying as part of meeting their duties under the work health and safety laws.

Workplace bullying is a risk to health and safety. It can occur wherever people work together in all types of workplaces. It is best dealt with by taking steps to prevent it from occurring and responding quickly if it does occur. The longer the bullying behaviour continues, the more difficult it is to address and the harder it becomes to repair working relationships.

from Safe Work Australia

직장 내 괴롭힘, 사적노무 금지, 직위를 이용한 부당행위 금지, 근로기준법, 갑질, 윤리규정