ARTICLE · 11 JANUARY 2024

Sexual harassment protections under the Fair Work Act

Hall Payne Lawyers

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The new sexual harassment protections represent a widening and strengthening of the previous protections.

AustraliaEmployment and HR

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On 7 December 2022, the Federal Government passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth), which introduced several new workplace laws. One significant change was the introduction of Part 3-5A of the Fair Work Act 2009 (Cth) (FW Act), which prohibits sexual harassment in connection with work and came into effect on 6 March 2023.

Before this legislative change, the Fair Work Commission (FWC) had powers to make orders to stop sexual harassment under Part 6-4B of the FW Act. This power was introduced as part of amendments to the FW Act in 2021, which expanded the FWC's pre-existing powers with respect to workplace bullying to also apply to sexual harassment.

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