This month, the Fair Work Commission released figures regarding the operation of the laws in its first Anti-bullying Quarterly Report. The Commission stated that within the first month of the new anti-bullying laws taking effect, 44 applications were lodged. It was noted by Commission President Justice Iain Ross that the emerging figures were not as high as had been expected. However, this may change as community awareness of the new laws increase.
The Commission has so far ruled on two cases in regards to the new anti-bullying legislation. Both cases have notably failed to establish the necessary jurisdiction to carry a successful finding of bullying. However, the judgment of Vice President Watson in Balthazaar v Department of Human Services (Commonwealth) [2014] FWC 2076 contains an initial interpretation of the laws at [26]:
“Obviously intended to cover a broad range of work arrangements, the [anti-bullying] provisions are not unlimited. In my view they are clearly not intended to cover relationships such as students performing work for teachers, domestic work by family members or relationships outside the context of paid or unpaid work in the commonly understood sense”.
RLC will continue to monitor these new anti-bullying provisions and the Commission’s interpretation of them.
