The Fair Work Act 2009 (Cth) governs the process of lodging a workplace bullying complaint in Australia. This statute applies to all workers in Australia, including employees, contractors, and volunteers.
The complaint must be lodged within 6 months of the alleged bullying behavior.
Workplace Bullying Laws
The Fair Work Act 2009 (Cth) defines workplace bullying as repeated behavior that is unreasonable and creates a risk to health and safety. According to Section 789FD of the Act, a worker can lodge a complaint with the Fair Work Commission if they reasonably believe they have been bullied at work.
In practice, this means that the worker must provide evidence of the bullying behavior, which can include witness statements, emails, and other documentation, as required by the Fair Work Commission’s Rules 2013 (Cth), specifically Rule 6.3, which outlines the requirements for lodging a complaint.
Eligibility and Requirements
To be eligible to lodge a complaint, a worker must have been employed by the same employer for at least 6 months, as per Section 382 of the Fair Work Act 2009 (Cth). The worker must also have earned less than $148,700 per year, as specified in the High Income Threshold under Section 333 of the Act.
The waiting period for lodging a complaint is 6 months from the date of the alleged bullying behavior, as outlined in Section 789FD of the Fair Work Act 2009 (Cth). In plain terms, this means that a worker has 6 months to lodge a complaint after the bullying behavior has stopped.
Required Documents
To lodge a complaint, a worker must provide certain documents, including a completed Application for an Order to Stop Bullying Form, which can be obtained from the Fair Work Commission’s website. The worker must also provide evidence of the bullying behavior, such as witness statements, emails, and other documentation.
The worker can obtain the necessary documents from the Fair Work Commission’s website or by contacting the Commission directly, as outlined in Section 12 of the Fair Work Regulations 2009 (Cth). Common mistakes include failing to provide sufficient evidence or not completing the application form correctly.
The Filing Process
Step 1: Preparing the Application
The first step in lodging a complaint is to prepare the application, which includes completing the Application for an Order to Stop Bullying Form and gathering evidence of the bullying behavior. The worker must also pay a filing fee of $74.90, as specified in the Fair Work Regulations 2009 (Cth), Schedule 3.1.
The worker can file the application online or by mail, and must do so within 6 months of the alleged bullying behavior, as outlined in Section 789FD of the Fair Work Act 2009 (Cth). The application must be filed with the Fair Work Commission, which has 14 days to review the application, as per Section 12 of the Fair Work Regulations 2009 (Cth).
Step 2: Serving the Application
Once the application has been filed, the worker must serve the application on the respondent, which is typically the employer, within 7 days of filing, as outlined in Rule 6.4 of the Fair Work Commission’s Rules 2013 (Cth). The worker must also provide proof of service to the Fair Work Commission.
The worker can serve the application by hand or by mail, and must provide a copy of the application and any supporting documents, as required by Rule 6.5 of the Fair Work Commission’s Rules 2013 (Cth). The respondent has 7 days to respond to the application, as specified in Section 789FE of the Fair Work Act 2009 (Cth).
Step 3: Responding to the Application
The respondent must respond to the application within 7 days of being served, as outlined in Section 789FE of the Fair Work Act 2009 (Cth). The respondent must provide a written response, which includes any evidence or witnesses they wish to call.
In practice, this means that the respondent must provide a detailed response, which includes any relevant documentation or witness statements, as required by Rule 6.6 of the Fair Work Commission’s Rules 2013 (Cth). The respondent must also pay a filing fee of $74.90, as specified in the Fair Work Regulations 2009 (Cth), Schedule 3.1.
Costs and Timeline
The cost of lodging a complaint can range from $74.90 to $1,000, depending on the complexity of the case, as specified in the Fair Work Regulations 2009 (Cth), Schedule 3.1. The worker may also need to pay for legal representation, which can cost between $500 to $5,000, depending on the lawyer’s fees.
The timeline for resolving a complaint can take anywhere from 2 weeks to 6 months, depending on the complexity of the case, as outlined in Section 789FF of the Fair Work Act 2009 (Cth). In plain terms, this means that a worker can expect to wait at least 2 weeks for a decision, and up to 6 months for a more complex case.
State-by-State Differences
New South Wales, Victoria, and Queensland have different laws and regulations regarding workplace bullying, as outlined in the NSW Work Health and Safety Act 2011, the VIC Occupational Health and Safety Act 2004, and the QLD Work Health and Safety Act 2011. For example, in New South Wales, the threshold for lodging a complaint is lower, with a worker only needing to have been employed for 3 months, as per Section 19 of the NSW Work Health and Safety Act 2011.
In contrast, in Victoria, the threshold is higher, with a worker needing to have been employed for 6 months, as per Section 21 of the VIC Occupational Health and Safety Act 2004. The filing fee in Queensland is also higher, at $100, as specified in the QLD Work Health and Safety Act 2011, Schedule 2.
What Can Go Wrong
Common mistakes include failing to provide sufficient evidence or not completing the application form correctly, as outlined in Rule 6.3 of the Fair Work Commission’s Rules 2013 (Cth). Missed deadlines can also result in the complaint being dismissed, as per Section 789FD of the Fair Work Act 2009 (Cth).
The Fair Work Commission can also impose penalties of up to $54,000 for non-compliance, as specified in Section 546 of the Fair Work Act 2009 (Cth). In practice, this means that a worker must ensure they provide sufficient evidence and complete the application form correctly to avoid any mistakes or penalties.
The Fair Work Commission is currently reviewing its processes and procedures for handling workplace bullying complaints, with a focus on improving the efficiency and effectiveness of the system, as outlined in the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2020. This is where the law gets teeth, with the Commission having the power to impose penalties and make orders to stop bullying behavior.
- U.S. Department of Labor. relevant wage or leave regulation
- U.S. Equal Employment Opportunity Commission. workplace discrimination guidance
- Office of the Law Revision Counsel. relevant federal employment statute
