Productivity Commission looks at workplace bullying – not really

The Australian Government has announced an inquiry into workplace relations through the Productivity Commission (PC). The most obvious occupational health and safety (OHS) element of this inquiry relates to workplace bullying which is discussed in the fourth of five issues papers released in January 2015. However the purposeful separation of workplace bullying actions through the Fair Work Commission (FWC) from actions in other sectors, such as OHS regulators, limits the potential impact of the inquiry on this issue.

The PC issues paper acknowledges the lack of the anticipated avalanche of anti-bullying applications and accepts that the structure of the FWC process may be partially responsible.  This lack of applications, an issue discussed elsewhere in SafetyAtWorkBlog, deserves further research and analysis.  The FWC structure only allows applications from workers currently employed in the workplace about which they are complaining.  It can be argued that the inability of the FWC to award financial compensation is an equal deterrent.  If this is the case (and, as far as can be determined, this aspect has not been investigated) the motivation of anti-bullying applicants to FWC and OHS regulators may involve natural justice AND compensation. The role of money in bullying complaints and applications has been a taboo subject in the past but deserves some analysis, even though it may be very uncomfortable.

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