There have been a number of recent high-profile industrial incidents in Australia which demonstrate the increased expectations and positive obligations on employers to take action in incidents of workplace sexual harassment.

This article revisits the definition of sexual harassment and highlights the impact of changes to the law made in 2023.

A recent decision of Deputy President Beaumont in the Fair Work Commission (Application by Ranmeet Kaur [2022] FWC 487) has examined the scope of the FWC’s power to make orders to stop sexual harassment which were introduced under amendments to the Fair Work Act in 2021.

The case examined both the jurisdictional requirements necessary for the FWC to make orders and the evidentiary requirements for it to be satisfied that a contravention had occurred, warranting the making of orders.