s527D: s 527D Do not sexually harass workers, job seekers or PCBUs in connection with work
A person does not sexually harass another person who is a worker in a business or undertaking (in the WHS Act sense: employees, contractors, subcontractors, outworkers, apprentices, trainees, students on work experience, volunteers), is seeking to become one, or is a person conducting a business or undertaking, where the harassment is connected with that status. Disputes may be brought to the FWC, which can make stop sexual harassment orders and, by consent, arbitrate (ss 527F to 527T).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s527D. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Sexual harassment prevention policy covering employees, contractors, volunteers and candidates; Complaint handling procedure and case register with outcomes; Training records for workers and managers
What usually goes missing
Policy covering employees only, not contractors or volunteers; Complaints handled informally with no record; Harassment at work events or online not addressed
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.