If a person does not comply with an order to stop bullying and/or sexual harassment then:
- a person affected by the contravention
- a union or an employer organisation, or
- an inspector;
may seek enforcement of the Commission’s order through civil remedy proceedings in:
- the Fair Work Division of the Federal Circuit and Family Court of Australia
- the Fair Work Division of the Federal Court of Australia, or
- an eligible State or Territory Court.
Failure to comply with an order to stop bullying and/or sexual harassment may result in the Court imposing a pecuniary penalty or making other orders.
Normally an order from the Commission will provide a timeframe within which the order must be complied with. It is advisable to wait until the timeframe has lapsed before seeking enforcement of the order.