Fair Work Act 2009
The Fair Work Act 2009 (FW Act) set up the tribunal called the Fair Work Commission, replacing functions of the Australian Industrial Relations Commission and other Commonwealth bodies. Applications can be made to Fair Work Commission for:
The FW Act also set up the Office of the Fair Work Ombudsman that can provide advice about workplace rights, investigate complaints or suspected contraventions of workplace laws, and take court action to enforce workplace laws.
The processes involved with making an application and how an application is dealt with can be found at the Fair Work Commission website.
In order to minimise any angst and frustration in consuming the services of the Office of the Fair Work Ombudsman, it is probably beneficial not to have high expectations of its usefulness. Whilst there is a mix of positive and negative feedback about the Office of the Fair Work Ombudsman, be mindful that there is a chance that:
In some cases, the Office of the Fair Work Ombudsman can unfortunately do more harm than good. Sometimes this is due to limited legislative powers or under-resourcing. Other times it can be due to a lack of appropriate selection of candidates to fill positions or inadequate training of officers. There even appears to be cases of possible corruption.
For more information about Commonwealth External Investigation/Review Agencies, such as the Office of the Fair Work Ombudsman, see The Reality page.
- unfair dismissals (or 'constructive' unfair dismissals, that is, where an employee feels forced to resign from their employment);
- unlawful termination (that is, employment terminated on discrimination grounds or failure to comply with notice periods);
- breach of general protections listed under the FW Act for exercising a workplace right;
- workplace bullying (from January 2014).
The FW Act also set up the Office of the Fair Work Ombudsman that can provide advice about workplace rights, investigate complaints or suspected contraventions of workplace laws, and take court action to enforce workplace laws.
The processes involved with making an application and how an application is dealt with can be found at the Fair Work Commission website.
In order to minimise any angst and frustration in consuming the services of the Office of the Fair Work Ombudsman, it is probably beneficial not to have high expectations of its usefulness. Whilst there is a mix of positive and negative feedback about the Office of the Fair Work Ombudsman, be mindful that there is a chance that:
- processes can be dragged out;
- not enough assistance may be provided to help with understanding how to make a complaint and other processes involved so that your interests are fully protected;
- there may be inadequate or ineffective communication;
- complaint-handlers may not adequately understand the stresses involved when applicants seek formal redress for workplace mistreatment against a powerful opponent - which can lead complaint-handlers to make unfair negative judgements of you and even treat you in a disrespectful manner;
- the power imbalance between you and the respondent APS agency may not be adequately addressed;
- incorrect advice will be provided;
- complaint-handlers may favour the respondent APS agency's preferred method in dealing with a complaint over your preferred method, such as refusing a request for a shuttle conciliation conference.
In some cases, the Office of the Fair Work Ombudsman can unfortunately do more harm than good. Sometimes this is due to limited legislative powers or under-resourcing. Other times it can be due to a lack of appropriate selection of candidates to fill positions or inadequate training of officers. There even appears to be cases of possible corruption.
For more information about Commonwealth External Investigation/Review Agencies, such as the Office of the Fair Work Ombudsman, see The Reality page.
Safety, Rehabilitation and Compensation Act 1988
The Safety, Rehabilitation and Compensation Act 1988 (SRC Act) provides the legislative basis for the Commonwealth workers’ compensation scheme and is administered by Comcare and the Safety, Rehabilitation and Compensation Commission. The SRC Act involves a comprehensive benefit structure that includes:
Comcare provides a succinct summary of its workers' compensation scheme at its website. An interesting guide for managers produced by Comcare on how to prevent and manage psychological injuries in the workplace is also at its website. This scheme would be relevant to APS employees who have suffered psychological injury as a result of workplace bullying, harassment, victimisation or discrimination and have needed to seek treatment costs or take time off work.
The general feedback from stakeholders about Comcare's response to applications for psychological injuries as a result of workplace mistreatment is not good. Some stakeholders go so far as to recommend not pursuing a claim with Comcare since the way they handle claims can be grossly incompetent, hugely damaging and even maybe corrupt. Comcare has been known to:
Thus, you may want to seriously consider whether it is in your best interests to consume the services of Comcare if you have suffered a psychological injury as a result of workplace mistreatment, as dealing with Comcare may exacerbate your injury. For more information about Commonwealth External Investigation/Review Agencies, such as Comcare, see The Reality page.
- the payment of the reasonable cost of medical treatment;
- income replacement for periods of incapacity for work;
- payment of a lump sum for permanent impairment;
- payment for rehabilitation programs.
Comcare provides a succinct summary of its workers' compensation scheme at its website. An interesting guide for managers produced by Comcare on how to prevent and manage psychological injuries in the workplace is also at its website. This scheme would be relevant to APS employees who have suffered psychological injury as a result of workplace bullying, harassment, victimisation or discrimination and have needed to seek treatment costs or take time off work.
The general feedback from stakeholders about Comcare's response to applications for psychological injuries as a result of workplace mistreatment is not good. Some stakeholders go so far as to recommend not pursuing a claim with Comcare since the way they handle claims can be grossly incompetent, hugely damaging and even maybe corrupt. Comcare has been known to:
- drag out processes for months and years;
- continually change case officers assigned to applications;
- wrongly claim a psychological injury caused by workplace mistreatment is a pre-existing condition or there was another external contributing factor to the psychological injury;
- not adequately investigate claims, and not comply with laws, procedures and policies;
- wrongly conclude that conduct causing psychological injury is a result of 'reasonable administrative action', no matter how absurd such a conclusion is;
- engage in inadequate or ineffective communication;
- employ officers who can be unprofessional, insensitive or rude to applicants.
Thus, you may want to seriously consider whether it is in your best interests to consume the services of Comcare if you have suffered a psychological injury as a result of workplace mistreatment, as dealing with Comcare may exacerbate your injury. For more information about Commonwealth External Investigation/Review Agencies, such as Comcare, see The Reality page.