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The Fair Work Act has been amended to expand protections for those experiencing sexual harassment in the workplace.
In a statement, the Office of the Fair Work Ombudsman (FWO) confirmed the Fair Work Act had been amended to prohibit sexual harassment in connection with work, including in the workplace. The new provisions expand upon previous protections put in place and officially came into effect on 6 March 2023.
“A person or company can be liable for sexual harassment conducted by an employee or agent in connection with work, including if they were involved in the employer’s contravention,” the FWO’s statement noted.
“This applies unless the person or company can prove that they took all reasonable steps to prevent the sexual harassment.”
The amended sees protection provided to three primary groups:
1. Workers, including employees, contractors, work experience students and volunteers
2. Future workers
3. People conducting a business or undertaking
That being said, the protection won’t apply to sexual harassment that starts before 6 March 2023, the FWO said.
The new measures also expand the Fair Work Commission’s powers in dealing with sexual harassment in the workplace.
“In addition to its existing ‘stop sexual harassment order’ powers, the commission can deal with disputes about sexual harassment by: conciliation, mediation, or making a recommendation or expressing an opinion,” the statement read.
“Where a dispute can’t be resolved these ways, the commission may also be able to deal with the dispute by arbitration if the parties agree. If this happens, the commission can make an order for compensation or lost wages [or] requiring a person to do something that’s reasonable to remedy any loss or damage suffered.
“Applications to the commission can be made by: a person or group of people alleging sexual harassment (such as a worker or group of workers), or an industrial association, such as a union, on behalf of their member or members.”
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Harassment is defined as persistent behaviour or acts that intimidate, threaten, or uncomfortably affect other employees at work. Because of anti-discrimination laws and the Fair Work Act of 2009, harassment in Australia is prohibited on the basis of protected characteristics.
