The Fair Work Commission (FWC) is inviting feedback on a report setting out how it can plan to implement new powers under an expansion of its sexual harassment jurisdiction.
Releasing Implementation Report: Sexual harassment in connection with work, the President of FWC, Adam Hatcher said the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 amended the Fair Work Act to include new provisions prohibiting sexual harassment in connection with work – to begin on 6 March.
“The amendment expands our powers to deal with sexual harassment disputes in connection with work,” Justice Hatcher said.
“The report discusses our expanded sexual harassment jurisdiction, sets out information about the new jurisdiction and outlines our approach to implementation,” he said.
“We invite you to comment on the report.
“In particular we seek your feedback on our new and amended forms and proposed case management processes.”
Justice Hatcher said the new and amended forms ask if the aggrieved person, or their representative, wanted FWC to deal with a sexual harassment dispute by making a stop sexual harassment order and/or by otherwise dealing with the dispute.
He said that under the new jurisdiction, parties would now need to lodge different forms for anti-bullying, and sexual harassment stop orders and disputes.
“Correspondence that will be sent to parties during the case management process is also being updated using plain language,” the FWC President said.
“The purpose of drafting in plain language is to help parties understand the Commission’s processes and to reduce the stress that many people feel when they are involved in a legal case.”
He said FWC Members underwent training with the Australian Human Rights Commission (AHRC) on the nature, drivers and impacts of sexual harassment in 2021, and would receive further training on the new sexual harassment provisions.
Justice Hatcher said training would also be provided for FWC client service representatives on the Helpline and responding to written enquiries about the new sexual harassment provisions.
Fair Work’s 28-page Report can be accessed at this PS News link and further information on the consultation at this link.
