Notice to Employees: Fair Work Act and Regulation Changes

In response to last year’s ‘‘Respect@Work: Sexual Harassment National Inquiry Report’, the Fair Work Act and Regulations have been duly amended.  

Background 

The Respect@Work Report set out the findings of the inquiry tasked with examining and improving how Australian workplaces can prevent and respond to sexual harassment. This national inquiry was based on a survey which revealed that in 2018 one in three Australian workers had experienced sexual harassment (in the past five years). Moreover, that sexual harassment cost the Australian economy up to $3.8 billion.  

The final report outlined suggestions for refocusing the legal framework to make it easier for workers and employers to navigate.  

Legislative changes 

One major change to emerge is that employees now have up to 24 months (after the alleged sexual harassment or sex discrimination took place) to make a complaint to the Australian Human Rights Commission. 

There are also changes which differ depending on national or State-system employers. This will be reliant on which workplace relations laws an employer is bound by. The national workplace relations system covers employees in Victoria (with certain exceptions for State public sector employees), the Northern Territory and the Australian Capital Territory. Follow this link to ascertain which system you are bound by. 

For those under the national system, one of the primary changes to be aware of is the recognition of sexual harassment as a category of serious misconduct (capable of resulting in instant dismissal). 

What’s next?

As sexual harassment (especially in the workplace) increasingly becomes a national talking point, laws are likely to reflect this. As these shifts are reflected across legal frameworks, employers must stay aware of their obligations to keep their employees safe.  

A great place to start is the ‘Workplace Sexual Harassment National Forum’ (November 11th-12th) which boasts a whole host of expert speakers. The forum is hosted by Comcare in collaboration with Safe Work Australia, and state and territory work health and safety regulators, follow the link below to register for free.