Commission implementing changes on dealing with disputes
The Fair Work Commission (FWC) has released a draft of its new Sexual Harassment Disputes Benchbook and is asking the public for feedback.
"We are implementing changes to how we deal with sexual harassment disputes," the FWC said in a media release. "As a step in implementing the changes, we have published a draft Sexual Harassment Disputes Benchbook for consultation."
Consultation is open until April 14, 2023, with feedback to be emailed to the FWC.
The new benchbook is part of the amendments introduced by the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022, which adds new provisions in prohibiting sexual harassment in connection with work.
"This benchbook has been prepared by staff of the Fair Work Commission to assist parties lodging or responding to applications for the Commission to deal with sexual harassment disputes," the book's draft said.
It expounds on various topics related to sexual harassment at work, such as when it occurs and the process for dealing with related disputes. It also answers who is covered by the sexual harassment laws, as well as the "vicarious liability of employers and principals."
The book further sets out steps when it comes to making an application to the FWC, as well as how to response to an application.
According to the draft, victims of sexual harassment in connection with work must make an application within 24 months after the incident occurred.
"The Commission may decide not to deal with a sexual harassment dispute if it is made after this time. If the commission decides not to deal with the sexual harassment dispute, the application will be dismissed," the draft said.
It further outlines how the FWC will deal with a dispute, including the hearings and conferences, procedural issues, as well as the involvement of lawyers and paid agents.
"The Benchbook will include information about the Commission's jurisdiction and its processes for dealing with sexual harassment disputes," the FWC's implementation report said.
