ARTICLE · 02 FEBRUARY 2022

First Ruling In Fair Work Commission's New Sexual Harassment Jurisdiction

Herbert Smith Freehills Kramer LLP

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Just prior to Christmas, the Fair Work Commission issued the first decision under its new anti-sexual harassment jurisdiction, which commenced operation on 11 November 2021.

AustraliaEmployment and HR

Just prior to Christmas, the Fair Work Commission issued the first decision under its new anti-sexual harassment jurisdiction, which commenced operation on 11 November 2021.

Following a recommendation arising from the Sex Discrimination Commission's landmark Respect@Work report, Part 6-4B of the Fair Work Act 2009 (Cth) was amended to include a power for the Commission to make orders to prevent sexual harassment at work under the existing anti-bullying jurisdiction. Because of these amendments, the Commission can now issue an order to prevent a worker from being bullied or sexually harassed where an application is made under s.789FC of the Fair Work Act 2009 (Cth) and it is satisfied that:

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