Federal Register of Legislation - Australian Government

Primary content

Rules/Other as made
This instrument amends the Fair Work Commission Rules 2013 to extend the Fair Work Commission’s stop bullying jurisdiction so that the Fair Work Commission can also make orders to stop sexual harassment in the workplace.
Administered by: Attorney-General's
Registered 10 Nov 2021
Tabling HistoryDate
Tabled HR22-Nov-2021
Tabled Senate22-Nov-2021
To be repealed 12 May 2022
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Fair Work Commission Amendment (Stop Sexual Harassment) Rules 2021

I, Iain Ross AO, President of the Fair Work Commission, make the following rules.

Dated 4 November 2021

Iain Ross AO

President of the Fair Work Commission

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Fair Work Commission Rules 2013                                                                                                    2

 


1  Name

                   This instrument is the Fair Work Commission Amendment (Stop Sexual Harassment) Rules 2021.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

11 November 2021.

11 November 2021

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Fair Work Act 2009.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.


Schedule 1Amendments

  

Fair Work Commission Rules 2013

1  Subparagraph 12(2)(b)(ii)

After “bullying”, insert “or sexual harassment”.

2  Rule 23A (heading)

After “bullying”, insert “or sexual harassment”.

3  Subrule 23A(1) (note 2)

After “behaviour”, insert “or sexual harassment”.

4  Subrule 23A(3)

After “behaviour”, insert “or sexual harassment”.

5  Subrule 23A(3) (note 2)

After “behaviour”, insert “or sexual harassment”.

6  Subrule 45(2) (heading)

After “bullying”, insert “or sexual harassment”.

7  Clause 1 of Schedule 1 (note 2)

After “bullying”, insert “or sexual harassment”.


8  Clause 1 of Schedule 1 (table items dealing with Forms F72, F73 and F74)

Repeal the items, substitute:

 

F72

Stop bullying or sexual harassment

Application for an order to stop bullying or sexual harassment (or both)

Subsection
789FC(1) of the Act and subrule 45(2)

Commission

The person named in the application as an employer or principal of the applicant

As soon as practicable after lodgment with the Commission

F72

Stop bullying or sexual harassment

Application for an order to stop bullying or sexual harassment (or both)

Subsection
789FC(1) of the Act and subrule 45(2)

Commission

(a) each person named in the application as engaging in bullying behaviour or sexual harassment (or both); and

(b) each person named in the application as an employer or principal of a person covered by paragraph (a)

On the next business day after service of the application upon the person named in the application as the employer or principal of the applicant

F73

Stop bullying or sexual harassment

Response from an employer or principal to an application for an order to stop bullying or sexual harassment (or both)

Subrules 23A(1) and (2)

Person making the response

The following (other than the person making the response):

(a) the applicant;

(b) each person named in the application as engaging in bullying behaviour or sexual harassment (or both);

(c) each person named in the application as an employer or principal of the applicant;

(d) each person named in the application as an employer or principal of a person covered by paragraph (b)

Within 7 calendar days after the day the person was served with the application for an order to stop bullying or sexual harassment (or both)

F74

Stop bullying or sexual harassment

Response from a person named as having engaged in bullying or sexual harassment (or both)

Subrule 23A(3)

Person making the response

The following (other than the person making the response):

(a) the applicant;

(b) each person named in the application as engaging in bullying behaviour or sexual harassment (or both);

(c) each person named in the application as an employer or principal of the applicant;

(d) each person named in the application as an employer or principal of a person covered by paragraph (b)

Within 7 calendar days after the day the person was served with the application for an order to stop bullying or sexual harassment (or both)