See Fair Work Act s.789FF
If a worker has made an application under s.789FC of the Fair Work Act and the Commission is satisfied of either or both of the following:
- the worker has been bullied at work by an individual or group of individuals and there is a risk that this will continue, or
- the worker has been sexually harassed at work by one or more individuals and there is a risk that this will continue then the Commission may make an order to prevent the worker from being bullied or sexually harassed (or both) at work.
The Commission can make any order it considers appropriate (other than an order requiring a financial payment) to prevent the worker from being bullied and/or sexually harassed at work by the individual or individuals.
Where a finding of bullying and/or sexual harassment is made and there is some future risk, orders to stop the bullying or sexual harassment (or both) would be expected to follow. Such orders would, in appropriate cases, aim to establish a suitable basis for future mutually safe and constructive working relationship.
The laws to stop bullying and sexual harassment are directed at preventing workers being bullied and/or sexually harassed at work. They are not directed at punishing bad behaviour (although they may have a deterrent effect) or compensating the victims of such behaviour. Their primary aim is to protect workers from future harm, and the focus is on resolving the matter and enabling normal working relationships to resume.
Orders are not available in cases where the Commission finds that there is no risk of bullying or sexual harassment occurring again, which may be the case, for example, when the person who harassed the worker is no longer connected to the workplace.