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.