Fair Work Commission power to stop sexual harassment

The Fair Work Commission's ('FWC') anti-sexual harassment jurisdiction commenced on 11 November 2021. Section 789FF of the Fair Work Act 2009 (Cth) ('FWA') provides that the FWC may make orders to stop bullying or sexual harassment in a workplace if the FWC is satisfied that:

• the worker has been bullied at work by an individual or a group of individuals, and there is a risk that the bullying will continue to occur (FWA s 789FF(b)(i)); and/ or
• the worker has been sexually harassed at work by one or more individuals, and there is a risk that the sexual harassment will continue to occur (FWA s 789FF(b)(ii)).

In accordance with section 789FC(1) of the FWA,  a worker who reasonably believes that he or she has been bullied or sexually harassed at work may apply to the FWC for an order. Under the FWA a 'worker' is defined as 'an individual who performs work in any capacity, including as an employee, a contractor, a subcontractor, an outworker, an apprentice, a