FWC Gets Powers to Issue Stop Orders for Sexual Harassment

Australian workers can now apply to the Fair Work Commission (FWC) for orders to stop sexual harassment, after new laws came into effect last week.

The FWC’s stop bullying jurisdiction under the Fair Work Act 2009 has been expanded so that the Commission can now receive applications for orders to stop bullying, to stop sexual harassment, or to stop both bullying and sexual harassment at work.

When dealing with applications for orders to stop sexual harassment, the Commission can make any order it considers appropriate to prevent the worker from being sexually harassed at work by the named individual or individuals.

This was a key recommendation of Kate Jenkin’s Respect@Work report following a landmark national inquiry into sexual harassment in the workplace by the Australian Human Rights Commission.

The report found the prevalence of sexual harassment in Australia to be “endemic” – Jenkins warned that Australia’s legal and regulatory systems lagged heavily behind other countries when it came to tackling harassment.

Jenkins conservatively estimated the cost to the economy at $3.5 billion dollars per year and made 55 recommendations to comprehensively reform how Australia responds to and prevents sexual harassment.

More information on the FWC’s role in dealing with applications to stop sexual harassment at work is now available on their website.

It provides guidance on what sexual harassment at work is, who can apply, the process, how to respond to an application and information about discrimination, general protections and work health and safety.