The period for public comment on Australia’s latest draft of its workplace bullying code has completed. The available submissions are online. The submissions from several employer and industry associations reveal an ideological stance on workplace bullying that should generate great concern by OHS professionals and regulators as they impede change by missing the real purpose of the workplace bullying code.
Code or Guidance
One of those submission is that of the Australian Mines and Metals Association‘s (AMMA). One of the AMMA’s key points on the draft code is that:
“The type of information contained in this document should not be in a code but in guidance material to allow more flexible responses;”
This point has been made many times before and most vehemently when WorkSafe Victoria introduced its workplace bullying guidance well over a decade ago. The Victorian experience is that a workplace bullying guidance has made very little difference to the management of bullying. The bullying cause celebre in Victoria has been the death of Brodie Panlock and the prosecution of the bullies, which occurred only after a coronial inquiry. This incident occurred during the operation of WorkSafe’s bullying guidance. One could ask if the bullying would have been less likely to occur if the guidance had been a Code? A further question could be whether the prosecution of the bullies would have occurred more promptly or the penalties more severe if the guidance had been a code of practice? Continue reading “Workplace bullying submissions show industry misses the whole point”
