From today, a number of changes to the functions of the Fair Work Commission come into operation. These changes are a result of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022.
As set out in the President’s Statement of 8 December 2022, the Commission is committed to implementing these legislative amendments in an open and transparent way and with the needs of our users in mind.
The Fair Work Act 2009 now includes a prohibition against sexual harassment in connection with work. The Commission can deal with sexual harassment disputes by:
We have published application forms for the new sexual harassment jurisdiction. These are available on the Forms page of our website. A new email address: ABSH@fwc.gov.au has also been created for parties to file documents with the Commission and contact case managers.
Detailed information on our role in dealing with sexual harassment in connection with work is now available on our website. A number of changes have been made to materials following the consultations, and we will continue to review the feedback that has been provided and update material as the jurisdiction develops.
We welcome ongoing feedback in relation to materials and processes. Feedback can be sent to consultation@fwc.gov.au.
Updated case law benchbooks will be published shortly.
We thank the members of our Sexual Harassment Working group for their input during this process. We also thank the organisations that responded in writing and those that gave their time to meet with us to provide feedback. All organisations will receive a direct response to their feedback.
An Expert Panel will be required when the Commission is considering changes to modern awards which relate to gender pay equity or the Care and Community Sector and when deciding whether to make an equal remuneration order.
A newly created Pay Equity and Awards Team within the Commission will support the work of the Expert Panels. The team can be contacted at awards@fwc.gov.au.
New application forms to vary a modern award and apply for an equal remuneration order are available on the Forms page of our website.
Information about gender pay equity, the work of the expert panels and equal remuneration orders have also been added to our website.
We intend to engage in a research project on occupational segregation and gender undervaluation. Further details concerning the research program will be announced in due course.
The functions of the Registered Organisations Commissioner have now transferred to the General Manager of the Commission.
The obligations of registered organisations do not change.
All ongoing investigations, inquiries and litigation will transfer to the General Manager who will be assisted by staff transferring from the Registered Organisations Commission into the newly formed Registered Organisations Governance and Advice Branch. Conduct that occurred prior to the transfer of these functions may be subject to a potential inquiry, investigation or proceeding by the General Manager.
A new email address has been established for all registered organisations matters: regorgs@fwc.gov.au. Staff in the registered organisations teams at the Fair Work Commission can be contacted on 1300 341 665. Further information can be accessed at regorgs.fwc.gov.au.
We have also established a Registered Organisations Advisory Committee who will play an important advisory role over the coming months. We thank the members of the committee for their assistance.