Prohibiting sexual harrassment in connection with work

With effect from 6 March 2023, workers who allege that they have been sexually harassed can apply to the Fair Work Commission (FWC) to deal with a sexual harassment dispute. The power to deal with a sexual harassment dispute supplements the tribunal's existing ability to make orders to stop sexual harassment, which has been available since November 2021. This change is the result of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022.

The Commission can now deal with sexual harassment disputes by:

• making a stop sexual harassment order; 
• otherwise dealing with the dispute; or
• both making a stop sexual harassment order and by otherwise dealing with the dispute. 

The FWC has published application forms for the new sexual harassment jurisdiction. These are available on the 'Forms' page of the FWC website. A new email address: ABSH@fwc.gov.au has also been created for parties to file documents with the Comission and contact case managers. 

Further Information