No abstract

In this paper we investigate the evolution of occupational health and safety (OHS) legislation aimed at harnessing workplace bullying. We begin with a brief discussion of workplace safety and literature covering workplace bullying. Then we present an overview of the development of Australian OHS legislation in recognising the influence of psychosocial hazards such as bullying. Following this we examine the Fair Work Commission's anti-bullying jurisdiction which commenced on 1 January 2014. We argue that while the new anti-bullying laws are a welcome response to the problem of workplace bullying, they offer a minimalist rather than a comprehensive remedy to the problem. We conclude that the only way to provide an adequate response is to create stand-alone legislation that recognises bullying as a criminal offence with remedies sufficiently castigatory to act as a deterrent to would-be workplace bullies and prompt proactive workplace cultural change.

No abstract

Workplace bullying remains a substantial problem in many developed countries. It is estimated to cost the Australian economy over AUD$6 billion annually, the Irish economy at least €3 billion and the US around US$300 billion. In 2012 the Australian Government established a parliamentary inquiry into workplace bullying that resulted in the creation of a specific bullying jurisdiction within the Fair Work Commission to deal with the issue. This paper provides an overview and critical analysis of the new jurisdiction, comparing it to approaches in Europe and the United States. The paper argues for the adoption of stricter penalties, including criminal sanctions with considerable fines and uncapped compensation, as the most effective deterrent to toxic workplace cultures.

The Australian government signed a free trade agreement with the USA in 2004. There has been much commentary on the agreement most of which has focused on the effect of the agreement on the Pharmaceutical Benefits Scheme, agricultural and manufacturing products and Australia's culture through regulation of film and television content. Most analysts have missed the significance of labour rights in the agreement the inclusion of which adds a new dimension to the trade–labour linkage debate in Australia, a linkage long demanded by the unions and long rejected by the major political parties. We look at the implications of the inclusion of labour rights in the agreement in terms of future union strategies and within the context of the government's pursuit of a free trade agreement with China.