A recent decision of Deputy President Beaumont in the Fair Work
Commission ('FWC') (
Application by Ranmeet Kaur [2022] FWC 487) has examined
the scope of the FWC's power to make orders to stop sexual
harassment which were introduced under amendments to the Fair Work
Act ('FWA') in 2021.
The case examined both the jurisdictional requirements necessary
for the FWC to make orders and the evidentiary requirements for it
to be satisfied that a contravention had occurred, warranting the
making of orders.
A worker can make an application to the FWC under
s.789FC of the FWA if they reasonably believe they have been
bullied or sexually harassed at work.
Under
s.789FF of the FWA, the FWC can make orders to stop bullying or
sexual harassment if it is:
