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
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Fair Work Commission Rules 2013
This instrument is the Fair Work Commission Amendment (Stop Sexual Harassment) Rules 2021.
(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Note: This table relates only to the provisions of this instrument as originally made.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.
This instrument is made under the Fair Work Act 2009.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
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 | 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 | 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) |