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FAIR WORK ACT 2009 - SECT 789FF

FWC may make orders to stop bullying or sexual harassment

             (1)  If:

                     (a)  a worker has made an application under section 789FC; and

                     (b)  either or both of the following apply:

                              (i)  the FWC is satisfied that the worker has been bullied at work by an individual or a group of individuals, and the FWC is satisfied that there is a risk that the worker will continue to be bullied at work by the individual or group;

                             (ii)  the FWC is satisfied that the worker has been sexually harassed at work by one or more individuals, and the FWC is satisfied that there is a risk that the worker will continue to be sexually harassed at work by the individual or individuals;

then the FWC may make any order it considers appropriate (other than an order requiring payment of a pecuniary amount) to:

                     (c)  if subparagraph (b)(i) applies--prevent the worker from being bullied at work by the individual or group; or

                     (d)  if subparagraph (b)(ii) applies--prevent the worker from being sexually harassed at work by the individual or individuals; or

                     (e)  if subparagraphs (b)(i) and (ii) apply:

                              (i)  prevent the worker from being bullied at work by the individual or group; and

                             (ii)  prevent the worker from being sexually harassed at work by the individual or individuals.

             (2)  In considering the terms of an order, the FWC must take into account:

                     (a)  if the FWC is aware of any final or interim outcomes arising out of an investigation into the matter that is being, or has been, undertaken by another person or body--those outcomes; and

                     (b)  if the FWC is aware of any procedure available to the worker to resolve grievances or disputes--that procedure; and

                     (c)  if the FWC is aware of any final or interim outcomes arising out of any procedure available to the worker to resolve grievances or disputes--those outcomes; and

                     (d)  any matters that the FWC considers relevant.



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