Reforms also enhance Industrial Relations Commission's powers
The NSW State Government has passed reforms aimed at eliminating workplace bullying and sexual harassment, among other changes to protect employees.
The reforms, which introduce changes to the state's Industrial Relations Act and Safety Act, are expected to enhance the rights and conditions of more than four million workers.
These new protections include enshrining gender equality and the elimination of workplace bullying and sexual harassment as key objectives of the Industrial Relations Act.
They also establish a one-stop shop through the NSW Industrial Relations Commission (IRC) for complaints from NSW government and local government employees in relation to workplace bullying and sexual harassment.
"Remedies include ordering a public apology, ordering an employer to take specified actions to stop unlawful conduct, or ordering damages of up to $100,000," the NSW government said in its media release.
The reforms also make it mandatory to comply with a code of practice, where workplaces must provide health and safety equal to or better than the standard code of practice.
IRC's enhanced powers
According to the NSW government, the reforms also clarify and enhance the powers of the IRC in resolving industrial disputes and facilitating returns to work for injured employees in the public sector and local government.
The IRC also gains the authority to independently hear unresolved WHS disputes raised by employers, unions, and workers.
"For example, an employer can appeal a provisional improvement notice (PIN), or a union can challenge a decision of SafeWork NSW to not resolve a safety dispute," the NSW government said.
The reforms also increase the IRC's small claims cap from $20,000 to $100,000 to ensure fairer compensation.
They also clarify the ability of unions to prosecute work, health, and safety breaches, as well as expand the rights of entry permit holders to take measurements, conduct testing, and take photos and videos while at the workplace, such as testing for silica exceedances in tunnelling.
The NSW government said the reforms complement their proposed change to workers' compensation, which it previously said has not kept pace with rising psychological injuries.
"I would like to thank all those associated with this bill including unions, business and the community for their ongoing advocacy," said Industrial Relations Minister Sophie Cotsis in a statement.
