Employers and unions unhappy with draft bullying code

Safe Work Australia has flagged changes to its draft code on workplace bullying after both unions and employer groups complained the code is not specific enough about what constitutes bullying behaviour. 

SFA spokeswoman Ingrid Kimber says of the 331 submission on broader OH&S issues, 70 related to the draft bullying code.

She told SmartCompany this morning that the body is “considering engaging an expert in this area” in response to the valuations.

“Depending on the nature of the changes, it’s possible it will be released again for public comment.”

The draft code on workplace bullying falls under broader OH&S laws, which have been legislated federally and in New South Wales, Queensland, the Australian Capital Territory and Northern Territory.

Victoria, Western Australia, Tasmania and South Australia did not legislate in time to reach the January 1 deadline.

The draft code defines bullying in the workplace as “repeated, unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.”

It lists the following as examples of bullying:

• Abusive or offensive language,
• Spreading misinformation or malicious rumours,
• Regularly making someone the brunt of practical jokes,
• Unreasonably overloading a person with work or not providing enough work,
• Deliberately changing work arrangements such as rosters and leave to inconvenience a particular worker

But Australia’s peak union, the Australian Council of Trade Unions, says the code fails to “address workplace bullying in the same framework as any other workplace hazard/risk.”

It also says that the code must make clear that the bullying it targets is a “pattern of behaviour.”

“Behaviour is considered repeated if an established pattern can be identified. It may involve a serious of diverse incidents such as verbal abuse, sabotaging work or unreasonable threats of dismissal,” the ACTU says.

Meanwhile, the Australian Chamber of Commerce and Industry says there needs to be “clear delineation between feeling aggrieved and what is systemic, inappropriate behaviour” and cautions that “normal managerial conduct should not be regarded as bullying.”

The business body also calls for industry-specific guidelines, and simplicity for small and medium enterprises.

“The guidance needs to consider SMEs that do not have the resources and structures of large organisations. Current proposals would not be possible in some SMEs,” ACCI says.

“Some SMEs cannot reasonably provide such things as worker opinion surveys, review procedures and a process for appeal of outcomes or the resolution procedures.”