The Fair Work Ombudsman and Fair Work Commission can flex their new powers now as changes in the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 prohibiting sexual harassment in workplaces have come into effect.
Explaining the division of responsibility between the Ombudsman and Fair Work Commission, the Office of the Fair Work Ombudsman issued a statement saying the Act expanded protection from sexual harassment to protect workers, future workers and people conducting a business or undertaking (from 6 March).
It said the Fair Work Ombudsman could help with some issues around sexual harassment at work – usually once an employee had already sought help, such as from the Commission.
The Office said this included investigating a workplace for non-compliance with laws prohibiting workplace sexual harassment, and taking action when someone didn’t comply with a Commission order to stop the harassment.
“If you believe you have been sexually harassed in connection with work, you should make an application to the Commission in the first instance,” the Office of the Fair Work Ombudsman said.
“We also have the power to start court proceedings for alleged breaches of laws prohibiting sexual harassment.”
The Office said the Fair Work Commission now had greater powers to deal with workplace sexual harassment, “in addition to its existing ‘stop sexual harassment order’ powers, the Commission can deal with disputes about sexual harassment.”
It said the Commission could deal with disputes through conciliation, mediation making a recommendation or expressing an opinion.
“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.”
The Office said that if this happened, the Commission could make an order for compensation or lost wages, and require a person to do something reasonable to remedy any loss or damage suffered.
“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,” it said.
“This applies unless the person or company can prove that they took all reasonable steps to prevent the sexual harassment.”
Further information on the Ombudsman and Commission’s new powers and expanded protections for workers can be accessed at this PS News link.
Support for people impacted by the issues discussed in this article is available from 1800RESPECT on 1800 737 732 and Lifeline on 13 11 14.
