Section 1: Introduction Building upon these learnings, the Commission recommends that a disclosure process be established that enables victims of historical workplace sexual harassment matters to have their experiences heard and documented with a view to promoting recovery. Fair Work system The Fair Work Act and the Fair Work Regulations 2009 (Cth) establish the Fair Work system, which is the national framework governing the relationship between employers and employees in Australia.52 The Fair Work Act does not expressly prohibit sexual harassment. However, it can be raised indirectly in matters brought to the Fair Work Commission through a number of provisions: • general protections against ‘adverse action’ on the basis of a workplace right53 • general protections against ‘adverse action’ on the basis of sex54 • the anti-bullying jurisdiction55 • unfair dismissal56 • unlawful termination on the ground of sex.57 30 Many submissions from legal organisations, unions, community groups and non-government organisations argued strongly in favour of explicitly including sexual harassment in the Fair Work Act to strengthen the Fair Work system’s handling of sexual harassment matters. The Commission recommends the Fair Work system be reviewed to consider the most effective mechanism for prohibiting workplace sexual harassment. The Commission also recommends a range of complementary amendments to ensure the Fair Work Act comprehensively addresses sexual harassment: • introduction of a ‘stop sexual harassment order’ equivalent to the ‘stop bullying order’ • clarifying that sexual harassment can be conduct amounting to a valid reason for dismissal • updating the definition of ‘serious misconduct’ to include sexual harassment. The Commission recommends that the Fair Work Commission, in consultation with the Workplace Sexual Harassment Council, provide additional guidance material to employers regarding unfair dismissal in relation to sexual harassment. Given the Fair Work Ombudsman’s role in providing information and guidance, the Commission recommends that the Fair Work Ombudsman update its employee information and guidance relating to workplace rights under the Fair Work Act to include sexual harassment.