New Fair Work Act 2009 (Cmth) - Changes - "The prohibition on workplace sexual harassment"

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Written By Andrew McLeish

On the 6 March 2023 the Fair Work Commission provided their update to the amendments to the Fair Work Act 2009 (Cmth). Below is the statement made by the Fair Work Commission:

“Understand how the law prohibits sexual harassment in connection with work. Use this information when the conduct started on or after 6 March 2023. If the conduct started before this date, see Sexual harassment commencing before 6 March 2023. 

Content

Part 3-5A of the Fair Work Act prohibits sexual harassment in connection with work. A person (the first person) must not sexually harass another person (the second person) who is:

  • a worker in a business or undertaking, or

  • seeking to become a worker in a particular business or undertaking, or

  • conducting a business or undertaking

  • if the harassment occurs in connection with the second person being a worker or seeking to become a worker in a particular business or undertaking, or being a person conducting a business or undertaking.

The prohibition applies where the sexual harassment occurred, or is part of a course of conduct that commenced, on or after 6 March 2023.”

For more information about the changes to the Fair Work Act 2009 (Cmth) please use this link.

Andrew McLeish

Andrew McLeish is the CEO and Managing Director of Stopline Pty Ltd, Australia’s first dedicated whistleblower hotline service, and the Founder of Make a Report Pty Ltd, a secure, cloud-based reporting and case management platform. With more than 25 years of experience in corporate governance, whistleblower reporting, and workplace investigations, Andrew is a nationally recognised authority in integrity services and compliance.

Since Stopline was founded in 2001, Andrew has led the delivery of whistleblower services to over 500 organisations across government, corporate, and not-for-profit sectors, managing thousands of confidential disclosures each year. Drawing on over two decades of insight and client feedback, Andrew designed and built the Make a Report platform to align with key legislative requirements - such as the Corporations Act, Public Interest Disclosure Act, and the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 - as well as national and international standards including AS 8001:2021 – Fraud and Corruption Control, ISO 37001 – Anti-Bribery Management Systems, and ISO 37002 – Whistleblowing Management Systems.

He is a trusted advisor to boards, executives, and compliance leaders, known for his practical, ethical, and strategic approach to addressing complex matters involving misconduct, fraud, and corporate wrongdoing.

https://www.stopline.com.au
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