From 6 March 2023, a person who alleges they have been sexually harassed in connection with
work can apply for the Fair Work Commission to deal with a sexual harassment dispute if they are:
- a worker in a business or undertaking; or
- seeking to become a worker in a particular business or undertaking; or
- a person conducting a business or undertaking.
A worker is an individual who performs work in any capacity, including as an employee, an
apprentice, a student on work experience or a volunteer.
Applications can be made jointly by 2 or more aggrieved persons against one or more perpetrators
or employers/principals.
The conduct must have started on or after 6 March 2023 and applications should be made within 2
years of the last alleged contravention.
If the FWC cannot resolve the dispute, it can issue a certificate, and the applicant can pursue the
matter in court.
The power to address sexual harassment disputes supplements the FWC’s existing power to make
stop sexual harassment orders. An aggrieved worker can pursue both options in tandem.