Submission to the Senate Inquiry into the Provisions of the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021

About the Bill
Implements certain recommendations of the Australian Human Rights Commission report, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces by amending the: Australian Human Rights Commission Act 1986 to amend the definition of ‘unlawful discrimination’; and extend the period of time between an alleged incident and the lodging of a complaint in relation to the President’s discretion to terminate a complaint; Fair Work Act 2009 to: provide that a worker who is sexually harassed at work may apply for a Fair Work Commission (FWC) order to stop the sexual harassment; provide that the FWC can make an order to stop sexual harassment following a single instance of sexual harassment; provide that sexual harassment in connection with an employee’s employment can be a valid reason for dismissal; and extend the minimum entitlement for compassionate leave in relation to miscarriage; and Sex Discrimination Act 1984 to: prohibit discrimination involving harassment on the ground of sex; extend the application of the Act to members of parliament, members of the ACT and Northern Territory legislative assemblies and their staff, judges, staff and consultants employed under the Members of Parliament (Staff) Act 1984, state employees, including independent contractors; and the public authority of a state; and include definitions of ‘worker’ and ‘persons conducting a business or undertaking’ to extend the protection from sexual harassment to all paid and unpaid workers, including volunteers, interns and the self-employed.

Download the PDF submission here National Foundation for Australian Women