IN its submission to the federal government’s inquiry into workplace bulling, resource industry employer group AREEA has highlighted how greater education for both employers and workers would be far more effective than additional regulation of Australian workplaces.
“AREEA and its members recognise that workplace bullying is a serious issue and remain dedicated to its eradication in Australia’s resource industry,” said AREEA executive director, industry Minna Knight.
“The regulatory framework already in place is adequate from a legal perspective, therefore further regulation is not the answer. A program for the increased education of both employers and workers would be more effective in achieving our common goal of eradicating bullying from Australian workplaces.
“Government could assist industry in raising awareness about bullying in the workplace, providing employers with the training and tools needed to manage these sensitive situations in the most effective way. An equal onus should be on workers not to engage in behaviour that would affect the health and safety of others.”
AREEA’s submission also highlighted how employers are often at risk to adverse action claims when managing bullying allegations. Ms Knight also said it is important that employers are not unjustifiably exposed when dealing with situations that ‘are often complex and difficult to manage’.
“An employer has a duty of care and needs to respect the rights of both the alleged perpetrator and the victim in the workplace. Employers often face a double-edged sword in that the appropriate sensitivity and procedural obligations must be granted to both parties to these allegations,” she said.
“The regulations in place should not allow for an employer to be exposed to adverse action claims or other discrimination claims simply for doing the right thing and investigating claims of bullying.”
Evidence from AREEA members has shown that union-related bullying also continues to be a serious workplace issue, particularly in the resource and construction industries. Reports have surfaced of instances of intimidation of non-union workers and those who do not support strike action.
Fair Work Australia Commissioner Cambridge recently condemned the actions of a Transport Workers Union (TWU) official and three other officials who were found to be wearing horror masks and using aggression to intimidate non-union employees.
The Maritime Union of Australia (MUA) is also facing fines of up to $165,000 for allegedly disseminating posters that labelled five workers who refused to take industrial action ‘scabs’ and ‘marked for life’.
“Unfortunately, while such union behaviour is rife in the building and resource industries, under the current IR system employers’ hands are tied when it comes to investigating and acting on union bullying,” Ms Knight said.
“With union members now seeing themselves as a protected species against disciplinary action for this behaviour, it is important both this inquiry and the Fair Work Review also consider AREEA’s recommendation to reform or remove the unjustifiable broad adverse action provisions of the Fair Work Act.”
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