The Australian Government has introduced new legislation as part of amendments to the Fair Work Act which expands protections from sexual harassment to protect workers, future workers and people conducting a business or undertaking.

The changes are now in place, having come into effect on March 3 this year. We’re providing this update to ensure that all people undertaking or conducting business understand their responsibilities as it pertains to sexual harassment in the workplace.

The new protections apply alongside previous protections regarding sexual harassment in the workplace and apply to workers, including employees, contractors, work experience students, volunteers, future workers, and people conducting a business or undertaking. The protections also include sexual harassment perpetrated by third parties, such as customers or clients. The Fair Work Commission will not apply the protections retrospectively.

A person or company can be liable for sexual harassment that is conducted by an employee or agent in connection with work, even if they were involved in the employer’s contravention. Employers are required to consider and implement reasonable steps to prevent workplace sexual harassment in the workplace if they are to possibly avoid future liability and significant penalties.

Eighteen33 can assist by assessing and managing the risk of sexual harassment in your business or company. Our experienced consultants can also develop a bespoke strategy to help minimise the risk to your company and workers, in respect of the nature of your business.

In line with these new laws, the Fair Work Commission now has greater powers to address the issue and is now able to deal with disputes about sexual harassment by conciliation, mediation or making a recommendation.

In an instance where the dispute cannot be resolved through these means, the commission may also be able to escalate to arbitration, where they can make an order for compensation or lost wages and require a person to do something that’s reasonable to remedy any loss or damage suffered.

The Fair Work Ombudsman also has the power to assist regarding cases of sexual harassment, usually once an employee has already sought help, such as from the Commission. This includes investigating a workplace for non-compliance with laws prohibiting workplace sexual harassment and taking action when someone doesn’t comply with a Commission stop sexual harassment order.

If you believe you have been sexually harassed in connection with work, we have provided a list of resources below.

• If you feel unsafe now, phone 000.
• If there is no immediate danger, but you need police assistance, phone 131 444.
• 1800RESPECT is the national domestic, family and sexual violence counselling, information and support service.
• Lifeline: 24-hour crisis support and suicide prevention, Ph: 13 11 14, Website: lifeline.org.au
• Beyondblue: Mental health support, ph: 1300 224 636, Website: org.au