789FD

When is a worker bullied at work?

In force

(1)

A worker is bullied at work if:

(a)

while the worker is at work in a constitutionally‑covered business:

(i)

an individual; or

(ii)

a group of individuals;

repeatedly behaves unreasonably towards the worker, or a group of workers of which the worker is a member; and

(b)

that behaviour creates a risk to health and safety.

(2)

To avoid doubt, subsection (1) does not apply to reasonable management action carried out in a reasonable manner.

(3)

If a person conducts a business or undertaking (within the meaning of the Work Health and Safety Act 2011) and either:

(a)

the person is:

(i)

a constitutional corporation; or

(ii)

the Commonwealth; or

(iii)

a Commonwealth authority; or

(iv)

a body corporate incorporated in a Territory; or

(b)

the business or undertaking is conducted principally in a Territory or Commonwealth place;

then the business or undertaking is a constitutionally‑covered business.

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