On 24 June 2021, the Australian Government introduced the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 into Parliament to implement some of the key recommendations of the National Inquiry into Sexual Harassment in Australian Workplaces conducted by the Sex Discrimination Commissioner, Kate Jenkins. The recommendations are set out in the January 2020 Respect@Work Report (the Report) of the Australian Human Rights Commission (AHRC).
The Bill would:
• amend the unfair dismissal laws in the Fair Work Act 2009 (FW Act) to make specific reference to sexual harassment;
• expand the anti-bullying provisions in the FW Act to give the Fair Work Commission (FWC) expanded powers to deal with sexual harassment in Australian workplaces;
• expand the compassionate leave provisions in the FW Act to include miscarriages; and
• create a new definition of ‘harassment on the ground of sex’ in the Sex Discrimination Act 1984 (SD Act).
The Bill is before Parliament and has been referred to a Senate Committee Inquiry that is due to report by 6 August 2021.