The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 was recently passed which has introduced new sexual harassment laws. These laws are designed to prevent sexual harassment in the workplace and provide better protection for victims. These amendments came into effect on 6 March 2023 and aim to expand on existing protections.
This legislation will apply to all employees, including prospective workers, contractors, trainees, volunteers, and applies to all businesses, regardless of size. The new laws will require employers to take a more proactive approach and take reasonable steps to prevent and address sexual harassment in the workplace. This includes implementing policies and procedures that are designed to prevent sexual harassment, such as having a clear code of conduct that prohibits sexual harassment and providing training to all employees on what constitutes sexual harassment and how to report it.
In addition, the new laws will require employers to take swift and effective action to address any instances of sexual harassment that occur in the workplace. This includes investigating the allegations, taking disciplinary action against the perpetrator if necessary, and providing support to the victim.
The new laws also give the Fair Work Commission (FWC) greater powers to investigate and prosecute instances of sexual harassment. The FWC will be able to order employers to act to address instances of sexual harassment and can impose penalties on employers who fail to take appropriate action.
Employees who experience sexual harassment will be able to make a complaint to their employer or to the FWC. Applications can be made to the FWC by an individual, a group of people, or an industrial association, such as a union acting on behalf of their members. Employers will be prohibited from victimising or taking any adverse action against employees who make a complaint of sexual harassment.
Overall, the new sexual harassment laws are aimed at creating a safer and more respectful workplace environment for all employees. Employers will need to take a proactive approach to preventing and addressing sexual harassment, and will be held accountable if they fail to do so. As these new laws have come into effect on 6 March 2023, we recommend that employers review their policies and procedures to ensure they are complying with their obligations under these new laws.
If you have any questions about these new laws or would like assistance in reviewing your policies, or would like your business to participate in harassment training, please contact the WR team on 8291 2000 or via email at wr@mtasant.com.au.