New powers for the Fair Work Ombudsman have come into effect, with amendments to the Fair Work Act 2009 applying from last Friday (10 September).
In a statement, the Office of the Fair Work Ombudsman said the Respect at Work amendments updated the Act to address sexual harassment at work and to include miscarriage as a reason to access compassionate leave.
“The changes aim to make sure that workers are protected and empowered to address sexual harassment at work,” the Office said.
It said the changes also included the introduction of stop sexual harassment orders; a definition of sexual harassment; and clarification that workplace sexual harassment could be a valid reason for dismissal.
“The Respect at Work amendments expand the existing Fair Work Act provisions dealing with orders to stop bullying at work to include orders to stop sexual harassment,” the Office said.
“An eligible worker who believes that they’ve been sexually harassed at work can apply to the Fair Work Commission (FWC) for an order to stop the sexual harassment,” it said.
“The FWC will have more information about eligibility and making these applications soon.”
The Office said sexual harassment had been defined as making an unwelcome sexual advance, making an unwelcome request for sexual favours and/or engaging in other unwelcome conduct of a sexual nature.
“For a person to have sexually harassed someone, it has to be reasonable to expect that, in the situation, there’s a possibility that their behaviour would offend, humiliate or intimidate the other person,” it said.
The Office said in light of the amendments, a review of the information on its website was underway and would be updated soon.
