FWC Decisions Show Why Government Departments Should Go Beyond Tick and Flick Training

Government departments across Australia carry a unique responsibility: to lead by example in providing safe, respectful and inclusive workplaces. Yet, too often, this obligation is approached through compliance rather than commitment, with mandatory tick and flick training taking the place of in-depth, interactive programs that can help shift behaviour.

Courts have time and again made it clear: this is not enough.

The Legal Precedent is Clear.          

Recent Fair Work Commission Decisions

A 2023 FW decision, involving two employees from an organisation providing infrastructure services, clearly highlighted why a tick and flick training approach, particularly on sensitive topics like discrimination, bullying, and harassment, does not sufficiently educate employees around what is acceptable and what isn’t.

As per the case, the Commissioner noted “that the Applicant’s training regime is delivered via online learning which in many respects, in my view, does not deliver the same educational outcomes as face-to-face tuition, especially when the training module contains 100 slides” and characterised the training provided to staff as “along the lines of self-taught, tick and flick approach – which is simply not appropriate and lacks the educational rigour and outcomes of face-to-face training.”

The reality is that harassment, bullying and discrimination are rarely straightforward. They are situational, often subtle, and deeply influenced by workplace culture. An employee may genuinely believe their behaviour is acceptable, while the recipient experiences it as exclusionary or intimidating.

Without in-depth training that explores these grey areas, with context and discussion, it is unrealistic to expect people to be able to recognise and adjust problematic behaviour.

A 2024 Fair Work Commission decision involving a truck driver dismissed for serious misconduct after repeatedly bullying a colleague reinforced this trend. Despite breaching multiple policies including the organisation’s code of conduct, anti-discrimination and harassment procedures, and psychosocial safety standards, FWC found the dismissal “harsh” and “unjust”, primarily due to inadequate training.

Analysis of Fair Work Commission decisions reveals a consistent expectation: employers must demonstrate training was comprehensive, contextual, and capable of genuine behaviour change. Online modules that employees click through without engagement are increasingly viewed as inadequate legal protection.

Interactive Training: The Only Legal Defense That Actually Works in 2024

In-depth, facilitated programs, such as those delivered by subject-matter experts at iHR Australia, can make a measurable difference. These training programs go beyond “what the law says” and immerse participants in realistic scenarios. Skilled facilitators unpack the complexities: intent versus impact, the role of bystanders, and how managers should respond in the moment. Professional actors help bring the learning to life.

By contrast, generic online training is static. It delivers information, but not transformation. It doesn’t respond when a participant says, “But what if they didn’t mean it?” or “I’m worried about damaging the relationship if I call it out.” It can’t address the organisational context, the unique risks, roles, and power dynamics that shape behaviour in government workplaces. Most critically, it cannot equip managers with the confidence and competence to intervene early, resolve issues constructively, and model the culture they expect from their teams.

When allegations arise, one of the first questions in a tribunal or court is: What did the employer do to prevent this? Well-designed, tailored, and well-delivered training is a cornerstone of that answer. If a Department’s only evidence is a record of staff clicking through an online module, that answer is unlikely to withstand scrutiny. Employers must be able to show that training was comprehensive, understood, and reinforced – not simply assigned and forgotten.

Moving Forward: From Compliance to Capability

For government departments, the stakes are higher than legal liability. Public trust depends on integrity and fairness, both in service delivery and in internal culture. Moving beyond compliance to capability-building is not just best practice. It is an essential investment in a safe, respectful and effective public sector.

The choice is clear: invest in comprehensive training to avoid being exposed to financial and legal risks.

Where To Next?

This article clearly demonstrates that Courts and Tribunals reject tick-and-flick training as an effective approach to drive lasting cultural change within any organisation, particularly in the public sector.

Leaders need to understand what it takes to build safe, respectful and inclusive work environments, as well as deliver interactive training programs that clearly outline realistic expectations on employees when it comes to acceptable workplace behaviours.

This is why our approach to workplace training is multi-tiered, focussing on executives and boards, managers, and employees alike to be responsible for contributing their part to building respectful workplace cultures.

To understand how to lead respectfully in the workplace, it’s essential for all levels within an organisation to undergo training in discrimination, bullying, and harassment

1. For executives and boards
2. For managers and senior leaders
3. For employees, contractors, and casuals