The Fair Work Commission (FWC) has released its anti-bullying jurisdiction case management model and a draft anti-bullying jurisdiction ‘benchbook’ for public comment ahead of the commencement of the FWC’s new anti-bullying jurisdiction on 1 January 2014. Each publication provides useful information for employers in the lead up to the new jurisdiction.
The FWC case management model
A copy of the anti-bullying jurisdiction case management model is available here. The case management model sets out the process that the FWC proposes to follow when dealing with an application for a stop-bullying order.
In summary, the case management model provides that:
- in the first instance, relevant parties will be given the opportunity to put on a written response to the FWC in relation to the application for a stop-bullying order;
- based on those responses and any other information that may be gathered by the FWC at this preliminary stage, the FWC staff will prepare a report for the FWC panel head;
- the FWC will then issue directions for the application for a stop-bullying order to be dealt with by way of mediation and/or hearing, as appropriate in the circumstances.
Draft anti-bullying benchbook for public comment
FWC benchbooks provide useful summaries of relevant legislation and case law in certain areas relevant to the jurisdiction of the FWC.
A copy of the draft anti-bullying benchbook released by the FWC for public comment is available here.
The draft anti-bullying benchbook is worth a look for HR managers and in-house counsel who want to get a better feel for some of the legal issues that are likely to arise in connection with the new anti-bullying jurisdiction from 1 January 2014. Employers and other interested parties may provide feedback to the FWC on the draft anti-bullying benchbook up to the end of December 2013.