Judgemental - a psychologist and a lawyer walk into a bar

When broken work design becomes bullying: A Fair Work Commission decision

Episode Summary

In this episode of Judgemental, Kate and Greg return to the podcast's roots by unpacking a Fair Work Commission stop-bullying decision that raises important questions about work design, psychosocial hazards, and the current reliance to solve complex interpersonal problems through process.

Episode Notes

In this episode of Judgemental, Kate and Greg return to the podcast's roots by unpacking a Fair Work Commission stop-bullying decision that raises important questions about work design, psychosocial hazards, and the current reliance to solve complex interpersonal problems through process.

The case centres on a workplace dispute between a property maintenance contractor and a body corporate committee. The Commission explicitly recognised that poor work design, particularly a lack of resources, can (and often does) contribute to workplace bullying and therefore psychosocial risk.

Perhaps the most thought-provoking part of their discussion centres on the Fair Work Commission's orders designed to stop future conflict between the parties. For both Kate and Greg, these orders raise a deeper question: can procedural requirements really repair fundamentally broken workplace relationships?

Key Takeaways

1. Design for real humans, not ideal humans 
Workplace systems, policies, and processes should reflect how people actually behave under pressure, uncertainty, and conflict, rather than how we wish they would behave.

2. Judgment matters as much as process 
Organisations need to rebuild capability in decision-making, discretion, and professional judgment rather than continually adding more layers of procedure.

3. HR has a critical role to play 
The future of effective workplace health and safety lies not only in process design but in creating environments that support healthy human interactions, clear expectations, and meaningful work.

Connect with us:

Resources:

·       Elemental Psychology & Coaching  website

·       Greg Smith – Safety Books Proving Safety and Paper Safe


Fair Work Commission Decision: 
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc2887.pdf

·       Orders: https://www.fwc.gov.au/documents/awardsandorders/pdf/pr812696.pdf

·       Thrive at Work - Evidence-based work design framework from Curtin University’s Future of Work Institute: https://www.thriveatwork.org.au/framework/

·       EML website

·       EML Psychosocial resources – Mutual Benefits https://www.eml.com.au/news-community/latest-news/reduce-psychosocial-risks-in-workplaces/

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