Western Australian employment laws are officially changing, with the start date now confirmed for the state’s new sexual harassment and bullying ban.
On November 6 2024, the Industrial Relations Legislation Amendment Bill 2024 was passed by the WA Parliament.
This new legislation will aim to modernise the WA state’s industrial relations system, improve minimum conditions for workers and “ensure only fit and proper people have the ability to enter WA workplaces”.
It is the WA Government’s second stage of reforms to implement the 2018 Ministerial Review of the state Industrial Relations System.
Under the new reforms, individual public and private sector workers who are bullied or sexually harassed at work can make an application to the WA Industrial Relations Commission (WAIRC) for an order to stop bullying or sexual harassment.
The stop bullying and sexual harassment provisions provide the WAIRC with the power to address a worker’s bullying or sexual harassment allegations directly and promptly.
The WAIRC must start to deal with a stop bullying or sexual harassment application within 14 days after the application is made, and may deal with the application via conciliation, arbitration, or take other action as appropriate.
This can include ordering compensation to be paid to the worker being harassed.
The Industrial Magistrates Court can impose a penalty of up to $13,000 in the case of an individual or $65,000 in the case of a body corporate if a person does not comply with the provisions of a stop bullying or sexual harassment order.
A union may also make an application for an order to stop bullying or sexual harassment in relation to a member.
The majority of the changes are set to be introduced by the new legislation will commence on January 31 2025. Other changes will commence at a later date.
A comprehensive list of changes under the new legislation can be found here.
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