For the first time in NSW history, more than 400,000 NSW Government workers in hospitals, schools, local councils and other public services can today seek orders and damages from the NSW Industrial Relations Commission to stop workplace bullying and sexual harassment.
Remedies can include an order to prevent the bullying and harassment from continuing, damages of up to $100,000, ordering a public apology to a harassed or bullied worker, or ordering an employer to take specified actions to stop unlawful conduct.
The jurisdiction also includes a penalty of up to $18,870 if an individual contravenes a bullying or harassment order made by the Commission or $93,900 for an employer.
Significantly, the new NSW Anti-Bullying and Sexual Harassment jurisdiction is the first in the country to allow for the order of damages.
It follows landmark reforms to Industrial Relations and Work Health and Safety laws passed by parliament in June which come into effect today.
The reforms complement the Government's proposed change to workers compensation by making prevention of psychosocial risks in public sector workplaces central to the workplace safety system.
Further changes include enshrining gender equality as an explicit object of the Industrial Relations Act, as well as improved wage theft laws and new powers for the Industrial Relations Commission of NSW, to deal with workplace disputes, including work, health & safety disputes.
The newly commenced provisions deliver on the Minns Labor Government's commitment to continue rebuilding the state's industrial relations system to drive productive and efficient public sector workplaces. This in turn will benefit the workers delivering the services and ensure the citizens of NSW are provided with the public services they deserve.
These reforms reinforce the NSW Government's biggest investment in workplace mental health prevention in the state's history, through its $344 million Workplace Mental Health package.
Further information about the newly enacted provisions can be found at:
https://irc.nsw.gov.au/announcements/commencement-of-workplace-protections-act-amendments.html
Minister for Industrial Relations Sophie Cotsis said:
"This major reform focuses on gender equality as well as the elimination of workplace bullying and sexual harassment which are new key objectives of the IR Act.
"Achieving gender equity across workplaces is now a significant component of the NSW IR system. This is part of the Government's commitment to pursuing gender equity in NSW.
"Workplace bullying and harassment causes serious harm to worker health and according to the Productivity Commission bullying costs organisations up to $36 billion annually in Australia.
"The amendments establish a 'one-stop shop' for handling complaints through the IRC and enhance its powers to resolve disputes and support injured workers' return to work.
"This legislation follows the passing of laws in 2023 which restored the independence of the industrial umpire, creating the structure needed to deliver meaningful improvements to the working lives of hundreds and thousands of workers in the state.
"I would like to thank all those associated with this bill including unions, business and the community for their ongoing advocacy."
