From today, the Fair Work Commission can receive applications for orders to stop sexual harassment at work.
The Fair Work Commission’s stop bullying jurisdiction under the Fair Work Act 2009 has been expanded by the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 so that the Commission can now receive applications for orders to stop bullying, to stop sexual harassment, or to stop both bullying and sexual harassment at work.
What’s new
Detailed information on the Commission’s role in dealing with applications to stop sexual harassment at work is now available on the Commission’s website.
The website provides guidance on what sexual harassment at work is, who can apply, the process, how to respond to an application and information about discrimination, general protections and work health and safety.
The Commission’s Forms F72, F73 and F74 have been revised and updated so that they can also be used to deal with applications to stop sexual harassment at work. Applicants will use a single form to apply for orders to stop bullying, to stop sexual harassment or to stop bullying and sexual harassment.
A new Orders to Stop Sexual Harassment Benchbook has also been published.
The Fair Work Commission Rules 2013 have been amended, and a consolidated version will be available shortly.
A new email address stoporders@fwc.gov.au is available for parties to file documents with the Commission and to contact case managers. This will replace the email address antibullying@fwc.gov.au, which will no longer be monitored. Emails to this inbox will be redirected to stoporders@fwc.gov.au.
Consultation
The Commission consulted with stakeholders in preparing to accept these new applications.
We thank the organisations that responded in writing and also those that gave their time to meet with us to provide feedback. All organisations will receive a direct response to their feedback.
A number of changes have been made to the materials following the consultations and we will continue to review and update material as the jurisdiction develops. We welcome ongoing feedback in relation to materials and processes. Feedback can be sent to consultation@fwc.gov.au.