Mar 16th, 2023
Last week, the new amendments to the Fair Work Act 2009 to address sexual harassment took effect. For all instances of sexual harassment on or after the 6 March 2023, the Fair Work Act 2009 now prohibits sexual harassment in connection with the workplace, which will apply to:
- Employees, contractors, work experience students and volunteers
- Future workers
- People conducting a business or undertaking.
This follows on the tail of the introduction late last year of a positive obligation to address sexual harassment. With these new amendments, an employer must take all reasonable steps to address sexual harassment in the workplace. If they are unable to prove otherwise, an individual or company can be liable for sexual harassment conducted by an employee or other agent in connection with work. This includes where they were engaged in the employer’s contravention.
Further, this amendment has also introduced new powers to the Fair Work Commission (FWC). Beyond its already existing “stop sexual harassment order”, which in some ways can be limited to where an aggrieved person is still connected to the workplace, the FWC may address the situation by:
- Conciliation
- Mediation
- Making a recommendation
If this fails, they have been granted new arbitration powers where they can make an order for compensation, or require a person to provide reasonable remedy for any loss or damages suffered
Overall, its clear that in light of these recent amendments that sexual harassment in the workplace is very much in the FWC’s limelight. To ensure that businesses remain compliant with their obligations and responsibilities, it is recommended to review workplace policies and procedures around sexual harassment if it has not been done already and consider where any weak spots may be in their system.
Employees and other parties can also be reassured that sexual harassment is being re-evaluated and addressed within our industrial relations system, with greater availability of support should it occur in connection with work.
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