1. Policy Overview

1.1 Purpose

[Business Name] (the Company) is committed to providing a safe, healthy and respectful working environment for all workers, contractors and visitors. The purpose of this policy is to:

• Prevent workplace bullying.
• Define what behaviour is unacceptable.
• Outline the process for reporting and resolving complaints.
• Ensure compliance with the Fair Work Act 2009 and the Work Health and Safety Act [Insert Year] ([Insert State]).

1.2 Scope

This policy applies to:

• All employees, including casual and full-time staff.
• Contractors and sub-contractors.
• Apprentices and trainees.
• Volunteers.
• Management and directors.

2. Definition of Workplace Bullying

2.1 What is Bullying?

Workplace bullying occurs when an individual or group repeatedly behaves unreasonably towards a worker. The behaviour creates a risk to health and safety. It does not include reasonable management action.

2.2 Examples of Bullying

Bullying may include but is not limited to:

• Abusive, insulting or offensive language or comments.
• Unjustified criticism or complaints.
• Deliberately excluding someone from work-related activities.
• Withholding information that is vital for effective work performance.
• Setting unreasonable timelines or impossible tasks.
• Spreading misinformation or malicious rumours.
• Changing rostered hours to deliberately inconvenience a worker.
• Physical violence or threats of violence.

2.3 What is NOT Bullying

The following is NOT bullying if it is carried out in a reasonable manner:

• Performance management processes.
• Discussing work performance with a worker.
• Disciplinary action for misconduct.
• Allocating work to a worker.

3. Roles and Responsibilities

3.1 Management

Management must:

• Model appropriate behaviour.
• Treat complaints seriously and confidentially.
• Act promptly on complaints.
• Ensure all workers are aware of this policy.

3.2 Workers

All workers must:

• Treat others with respect.
• Not participate in bullying behaviour.
• Report bullying if they see it or experience it.
• Cooperate with investigations.

4. Reporting Procedure

4.1 Informal Resolution

If you feel comfortable, you can try to resolve the issue directly. You can speak to the other person or ask a manager to help mediate.

4.2 Formal Complaint

If the behaviour continues or is serious, you must make a formal complaint. You can lodge a complaint with [Insert Name/Position].

4.3 Complaint Details

The complaint should include:

• Your name and contact details.
• The name of the person you are complaining about.
• A description of the behaviour.
• Dates and times of incidents.
• Names of any witnesses.
• Any evidence like emails or texts.

5. Investigation Framework

5.1 Assessment

[Insert Name/Position] will assess the complaint within [Insert Number] working days. They will decide if it is bullying or a management issue.

5.2 Appointing an Investigator

The Company will appoint an impartial investigator. If the complaint involves a manager, an external investigator may be used.

5.3 Investigation Steps

The investigator will:

1. Interview the complainant.
2. Interview the respondent (the person accused).
3. Interview witnesses.
4. Review evidence.

5.4 Principles of Natural Justice

• The respondent will be told the details of the allegations.
• The respondent will have a chance to respond.
• The investigator will be unbiased.

5.5 Outcomes

Once the investigation finishes, the investigator will write a report. The report will say if the allegation is substantiated or not.

Possible outcomes include:

• No action taken.
• Mediation between parties.
• Formal warning.
• Disciplinary action (including termination).

6. Confidentiality and Protection

6.1 Privacy

The Company will keep all information confidential. We will only share it with people who need to know.

6.2 Victimisation

It is illegal to victimise someone for making a complaint. Any worker who victimises a complainant will face disciplinary action.

7. Review Date

This policy will be reviewed on [Insert Date].