Fair Work Act 2009 (Cth) General Protections + Part 3-5A Sexual Harassment + Part 6-2 Disputes + Part 6-4B Bullying + WHS Act 2020 (WA) Part 6 Discriminatory Conduct

Fair Work Act 2009 (Cth) — Part 3-1 General Protections, Part 3-5A Sexual Harassment in Connection with Work, Part 6-2 Dealing with Disputes, Part 6-4B Workers Bullied at Work; Work Health and Safety Act 2020 (WA) Part 6 Discriminatory, Coercive and Misleading Conduct

Requirements: 24
Last reviewed: 21/05/2026
Next review: 21/05/2027
Source: FW Act: current Federal Register compilation at 2026-05-21 (incorporates Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 [inserted Part 3-5A, commenced 6 March 2023], Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022, Fair Work Legislation Amendment (Closing Loopholes) Act 2023, Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024). WHS Act 2020 (WA): current consolidated text on legislation.wa.gov.au at 2026-05-21; commenced 31 March 2022 under model WHS Act schema.

Reconciliation notes

Curated build covering the federal Fair Work Act 2009 (Cth) general-protections and dispute-resolution regimes that anchor workplace grievance handling, together with the WA WHS Act 2020 Part 6 discrimination-protection regime that prevents victimisation for WHS-related conduct. Primary anchor policy: GOV-POL-011 (Grievance Resolution). Secondary anchors: GOV-POL-009 (Equal Employment Opportunity) for s.351 adverse-action-on-protected-attribute overlap; GOV-POL-014 (Sexual Harassment Prevention) for Part 3-5A sexual harassment FWC jurisdiction overlap (substantive prohibition stays in Framework 3 sda-positive-duty.md against SDA s.28B); GOV-POL-018 (Whistleblower Policy) for s.340 workplace-right protection of disclosures. Scope decisions: (a) Westlink modelled as employer / PCBU / national-system employer subject to the FW Act under the corporations power (constitutionally-covered business per s.789FD(3)); (b) Part 3-1 Div 3 captured at section-by-section granularity because s.340/341/342 are the operative tripod for grievance retaliation protection and each plays a distinct audit role (general protection / workplace-right definition / adverse-action definition); (c) Part 3-1 Div 4 captured with s.346 only as the operative protection (s.347-350 are subsidiary definitions/coercion variants — incorporated by reference in s.346 evidence notes); (d) Part 3-1 Div 6 sham contracting captured as a single Reference row — Westlink's labour-hire and subcontracting arrangements are governed by other compliance frameworks but s.357 is included for completeness given GOV-POL-011 covers labour-hire workers within scope; (e) Part 3-5A captured at section-by-section granularity (s.527A guide, s.527D prohibition, s.527E vicarious liability, s.527F FWC applications) because each is a distinct audit anchor and the Part is operationally separate from Part 6-4B bullying jurisdiction; (f) Part 6-2 captured with s.595 (FWC's general dispute power) and s.738 (dispute term requirement in enterprise agreements — Reference since Westlink is currently award-covered, not enterprise-agreement-covered, but the FW Act jurisdiction route operates the same way); (g) Part 6-4B captured with s.789FC (application) and s.789FF (orders) — s.789FD bullied-at-work definition incorporated into s.789FF evidence notes rather than as a separate row to keep the section count proportionate; (h) WHS Act 2020 (WA) Part 6 captured at section-by-section granularity for Div 1 (ss.104-109 prohibitions) because each section creates a distinct prohibited act with different element tests, and as a single combined Reference row for Divisions 2-4 (ss.110-115 enforcement) since enforcement provisions are state-process mechanisms rather than Westlink-side duties. Verification status: Part 3-5A's location verified as a standalone Part (NOT a Division within Part 3-1 as candidate-frameworks.md A2 originally cited); the inserting Act is Secure Jobs Better Pay Act 2022 commencing 6 March 2023 (NOT Closing Loopholes Act 2023 as resume.md initially indicated). WHS Act 2020 (WA) Part 6 extends to s.115 (not stopping at s.106 as candidate-frameworks A2 originally indicated); ss.107-109 prohibitions added; enforcement provisions ss.110-115 included as combined Reference. Important cross-references: FW Act s.351 (discrimination as adverse action) operates in parallel with the anti-discrimination Acts in Framework 1 anti-discrimination.md — same prohibited grounds, different enforcement route (FWC general protections court application vs AHRC complaint / EOC-WA complaint). FW Act Part 3-5A operates in parallel with SDA s.28B in Framework 3 sda-positive-duty.md — same prohibited conduct, different enforcement route (FWC dispute application vs SDA complaint to AHRC / federal court). The Equal Opportunity Act 1984 (WA) external pathway mentioned in GOV-POL-011 (Stage 4 external resolution via EOC WA) is procedural reference only — substantive obligations live in Framework 1's EOA-WA-* rows, not duplicated here. Total requirements: 24. Applicable: 22. Reference-only: 2 (FW-738-01 enterprise agreement dispute term — not currently applicable to Westlink's award-covered workforce; WHS-WA-110-01 combined enforcement provisions — state enforcement mechanism, not Westlink duty). Coverage on Applicable rows pending Phase C wiring of GOV-POL-011 — captured here against current GOV-POL-011 rev 3 commitments to give a defensible baseline.

Requirements

Showing 24 of 24 requirements

ID	Clause	Requirement	Applicability	Coverage	Evidence	Gap
FW-340-01	FW Act s.340	General protection — a person must not take adverse action against another person because the other person has a workplace right, has or has not exercised a workplace right, or proposes (or does not propose) to exercise a workplace right. A person must not take adverse action against another person to prevent the exercise of a workplace right by the other person. The prohibition extends to adverse action because of, or to prevent, the exercise of a workplace right by a third person.	Applicable	Full	GOV-POL-011 §Policy Commitments — Commitment 4 explicitly prohibits victimisation or retaliation against any person who raises a grievance in good faith, participates in an investigation, or provides evidence — citing Fair Work Act 2009 s.340 directly. Captures the operative s.340(1) and s.340(2) prohibitions. GOV-POL-018 §Policy Commitments — Whistleblower policy commits to protection of disclosers from detrimental conduct — protected disclosure is a workplace right per s.341(1)(c). GOV-POL-017 §Policy Commitments — Commitment 3 explicitly guarantees no person will be subject to dismissal, demotion, reduction in hours, harassment, or any other adverse action for exercising stop-work authority in good faith — direct operationalisation of FW Act s.340 protection. Stop-work authority and stop-work-event participation are workplace rights under s.341. GOV-POL-013 §Policy Commitments — Modern slavery reporting channels and protection — FW Act 2009 s.340 general protection from adverse action for exercising a workplace right (incl. raising modern-slavery concerns). HR-PRO-003 §Protection from victimisation — No adverse action for raising a genuine complaint — operative no-reprisal control implementing GOV-POL-011.
FW-341-01	FW Act s.341	Meaning of workplace right — a person has a workplace right if the person: (a) is entitled to the benefit of, or has a role or responsibility under, a workplace law, workplace instrument or order made by an industrial body; (b) is able to initiate, or participate in, a process or proceedings under a workplace law or workplace instrument; (c) is able to make a complaint or inquiry — (i) to a person or body having the capacity under a workplace law to seek compliance with that law or a workplace instrument; or (ii) if the person is an employee, in relation to his or her employment. Subsection (1)(c)(ii) (the in-employment complaint right) is the load-bearing internal-grievance protection — confirmed by Shea v TruEnergy Services (No 6) (2014) FCA 271 and subsequent authority.	Applicable	Partial	GOV-POL-011 §Purpose — Purpose statement establishes 'a fair, transparent, and accessible framework for the resolution of workplace grievances' — operationalises s.341(1)(c)(ii) by guaranteeing workers a structured channel to make an in-employment complaint. GOV-POL-011 §Scope — Scope expressly extends to grievances relating to 'employment conditions, workplace relationships, management decisions, application of policies and procedures, and any matter that affects a worker's work or wellbeing' — captures the breadth of s.341(1)(c)(ii) in-employment complaints. GOV-POL-018 §Scope — Scope — distinction from personal grievances HR-PRO-003 §Purpose / Scope / Procedure — Structured in-employment complaint channel (s.341(1)(c)(ii)) — the procedural 'how' beneath GOV-POL-011.	Medium Scope captures in-employment complaints but the body never defines 'workplace right' nor the entitlement/process/complaint limbs; the protected-right concept is implicit, not substantively stated.
FW-342-01	FW Act s.342	Meaning of adverse action — adverse action is taken by an employer against an employee if the employer: (a) dismisses the employee; (b) injures the employee in his or her employment; (c) alters the position of the employee to the employee's prejudice; or (d) discriminates between the employee and other employees of the employer. Adverse action by a prospective employer includes refusing to employ the prospective employee or discriminating in the terms or conditions on which employment is offered. Adverse action by a principal against an independent contractor includes terminating the contract, injuring the contractor in relation to the contract, or altering the contractor's position to their prejudice. Threatening to take adverse action is itself adverse action. Action authorised by or under the Act or any other Australian law is not adverse action.	Applicable	Full	GOV-POL-011 §Policy Commitments — Commitment 4 prohibits 'victimisation or retaliation' against grievance raisers, investigators, and evidence-providers — captures the s.342 adverse-action categories at policy level (dismissal, injury in employment, alteration to prejudice, discrimination). GOV-POL-011 §Responsibilities — CEO and QHSE Manager are accountable for fair operation of the grievance framework — operationalises the prohibition against discriminatory action by employer. GOV-POL-018 §Policy Commitments — Commitment — protection from detrimental conduct
FW-343-01	FW Act s.343	Coercion — a person must not organise or take, or threaten to organise or take, any action against another person with intent to coerce the other person, or a third person, to exercise or not exercise a workplace right, or to exercise or propose to exercise a workplace right in a particular way.	Applicable	Partial	GOV-POL-011 §Policy Commitments — Commitment 4 (no-victimisation) read together with Commitment 1 (natural justice — right to be heard, impartial decision-maker, informed outcome) prohibits coercive conduct against grievance participants. Commitment 2 (confidentiality, disclosure only on need-to-know) reduces structural pressure on participants.	Medium The no-victimisation and natural-justice commitments address pressure on participants, but the body contains no explicit prohibition on coercion (organising or threatening action to coerce the exercise of a workplace right).
FW-345-01	FW Act s.345	Misrepresentations — a person must not knowingly or recklessly make a false or misleading representation to another person about the workplace rights of the other person, or the exercise (or effect of the exercise) of a workplace right by the other person.	Applicable	Partial	GOV-POL-011 §Policy Commitments — Commitment 3 (staged resolution with written outcome and right of internal review) operationalises against misrepresentation by requiring written, reasoned decisions and a documented escalation pathway. Commitment 1 (natural justice — right to be informed of the outcome and reasons for any decision) directly addresses the s.345 risk.	Low Policy does not explicitly name a duty on managers or supervisors to give workers accurate information about workplace rights and grievance procedures. Consider adding a sentence to the Responsibilities table for the Managers/Supervisors row flagging the requirement not to misrepresent rights or procedures — minor textual addition, no operational change.
FW-346-01	FW Act s.346	Protection — a person must not take adverse action against another person because the other person: (a) is or is not, or was or was not, an officer or member of an industrial association; (b) engages, or has at any time engaged or proposed to engage, in industrial activity within the meaning of section 347(a) or (b); or (c) does not engage, or has at any time not engaged or proposed not to engage, in industrial activity within the meaning of paragraphs 347(c) to (g). Subsidiary provisions: s.347 defines industrial activity (membership, attendance, payment of fees, organising, participation); s.348 prohibits coercion in connection with industrial activity; s.349 prohibits misrepresentations; s.350 prohibits inducements regarding membership action.	Applicable	Partial	GOV-POL-018 §Policy Commitments — Whistleblower policy provides parallel protection for protected-disclosure activity — adjacent to but distinct from industrial-association activity under s.346. Operates on the same adverse-action / coercion / misrepresentation trio. GOV-POL-011 §Scope — Grievance scope covers 'workplace relationships' and 'any matter that affects a worker's work or wellbeing' — would capture a worker grievance about adverse action because of industrial-association status, but the policy does not specifically name union or industrial-association activity.	Low Policy does not explicitly name freedom of association or industrial-association protected status. For audit defensibility against s.346, consider adding industrial-association activity to GOV-POL-011's protected-attribute list (alongside the existing 'workplace right' and 'good faith' grievance bases) or cross-reference from GOV-POL-009. Practical exposure is low (Westlink workforce is not heavily unionised) but the audit gap is real.
FW-351-01	FW Act s.351	Discrimination — an employer must not take adverse action against a person who is an employee, or prospective employee, of the employer because of the person's race, colour, sex, sexual orientation, breastfeeding, gender identity, intersex status, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin. The prohibition does not apply to action that is not unlawful under any anti-discrimination law in force in the place where the action is taken, or to action taken because of the inherent requirements of the particular position. The s.351 protected-grounds list is broader than several state anti-discrimination Acts and operates in parallel with the SDA, ADA, RDA, DDA and EOA-WA rows in Framework 1 anti-discrimination.md — same grounds, different enforcement route via FWC general protections court application.	Applicable	Full	GOV-POL-009 §Policy Commitments — Policy commits to merit-based decisions and lists each protected attribute under s.351. Same coverage as the anti-discrimination.md Cth/WA rows — s.351 is the FW Act parallel enforcement route. GOV-POL-011 §Scope — Grievance scope captures complaints alleging discriminatory adverse action — directly addresses s.351 via the in-employment complaint workplace right.
FW-352-01	FW Act s.352	Temporary absence — illness or injury — an employer must not dismiss an employee because the employee is temporarily absent from work because of illness or injury of a kind prescribed by the regulations. Fair Work Regulations 2009 reg 3.01 prescribes absence within 3 months in a 12-month period as the protected period, subject to medical certification.	Applicable	Partial	GOV-POL-007 §Policy Commitments — Workplace Rehabilitation and RTW Policy commits to maintaining employment during temporary incapacity — operationalises s.352 read together with WCIM Act 2023 (WA) s.166 (12-month employment obligation). GOV-POL-011 is not the primary anchor. GOV-POL-011 §Scope — Grievance scope captures complaints about dismissal during temporary illness/injury absence — enables s.352 enforcement via the FWC general protections route. QHSE-PRO-004 §Person unfit for work — s.168 dismissal protection embedded in incapacity/RTW cycle (operational backstop to FW s.352).	Low GOV-POL-011 does not name temporary-absence dismissal as a protected grievance ground. Coverage of s.352 is principally via GOV-POL-007 (Rehabilitation) and the WCIM Act 2023 (WA) framework; the grievance policy is the procedural backstop. No remediation required if Phase C wires GOV-POL-007 against WCIM-RTW-02 (s.166 obligation) as planned.
FW-357-01	FW Act s.357	Misrepresenting employment as an independent contracting arrangement — an employer must not represent to an individual who performs work for the employer (and who is an employee of the employer) that the contract under which the individual is employed is a contract for services under which the individual performs work as an independent contractor. Defence under s.357(2) if the employer proves it did not know, and was not reckless as to whether, the contract was a contract of employment rather than for services. Subsidiary provisions: s.358 prohibits dismissing or threatening to dismiss an employee to re-engage them as an independent contractor; s.359 prohibits making a knowingly false statement to persuade or influence the person to enter an independent contractor arrangement. Closing Loopholes No. 2 Act 2024 added a 'whole-of-relationship' test in s.15AA Fair Work Act for determining the meaning of 'employee' and 'employer' (commenced 26 August 2024); this changes the practical application of s.357 by widening the class of arrangements that fail the contractor characterisation.	Applicable	Partial	GOV-POL-011 §Scope — Grievance scope covers 'application of policies and procedures' and complaints affecting workers — would capture a worker complaint that they have been mischaracterised as a contractor. The substantive contracting-classification governance is owned outside this policy.	Medium GOV-POL-011 is not designed to govern engagement-classification decisions. Substantive compliance with s.357-359 sits with engagement-decision owners (HR, procurement, contract management). Consider whether a separate ad-hoc compliance check is warranted for high-risk labour-hire and subcontractor arrangements (especially post-Closing Loopholes No. 2 s.15AA), or whether existing pre-engagement contractor classification protocols already address this. Procedural gap, not a policy gap.
FW-527A-01	FW Act s.527A	Guide to Part 3-5A — Prohibiting sexual harassment in connection with work. The Part makes it unlawful for a person to sexually harass another person where: (a) the other person is a worker in a business or undertaking, is seeking to become a worker in a particular business or undertaking, or is conducting a business or undertaking; and (b) the harassment occurs in connection with the other person being a person of that kind. Persons may be liable for acts contravening the Part performed by their employees or agents. Inserted by Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 Part 8; commenced 6 March 2023; underpinned by the external affairs power, with consequently broader coverage than s.527D's predecessor in Part 6-4B (which now deals only with bullying). Operates in parallel with Sex Discrimination Act 1984 (Cth) Part II Division 3 (Framework 3 sda-positive-duty.md) — same prohibited conduct, different enforcement route (FWC application vs SDA complaint to AHRC / federal court).	Applicable	Partial	GOV-POL-014 §Purpose — Sexual Harassment Prevention policy is structured around the SDA / Respect@Work positive duty regime that Part 3-5A enforces in parallel — the s.527A guide is the navigational anchor for the FWC enforcement route.	Medium Purpose anchors on the SDA s.47C positive duty; the FWC / Part 3-5A enforcement route is not named in the body. Topically parallel but the s.527A framing is not reflected.
FW-527D-01	FW Act s.527D	Prohibition on sexual harassment in connection with work — a person (the first person) must not sexually harass another person (the second person) who is: (a) a worker in a business or undertaking; (b) seeking to become a worker in a particular business or undertaking; or (c) a person conducting a business or undertaking; if the harassment occurs in connection with the second person being a person of one of the above kinds. 'Sexually harass' has the meaning given in s.28A of the Sex Discrimination Act 1984 (Cth) — see SDA-28A-01 in Framework 3 sda-positive-duty.md. 'Worker' has the meaning given in s.7 of the WHS Act 2011 (or s.4 of the WHS Act 2020 (WA) as applicable) — includes contractors, labour-hire workers, apprentices, trainees, volunteers and students gaining work experience. Contravention attracts a civil penalty of up to 60 penalty units for an individual and 300 penalty units for a body corporate (s.527D civil remedy provision in Part 4-1). The prohibition includes sexual harassment perpetrated by third parties (e.g. customers, clients).	Applicable	Partial	GOV-POL-014 §Scope — Policy scope extends to all workers, contractors, labour hire, volunteers and visitors, and to all work-related settings including offices, sites, vehicles, client premises, work travel, social functions and digital communications — captures the 'in connection with work' scope of s.527D(1) which is broader than 'at work'. GOV-POL-014 §Policy Commitments — Zero-tolerance commitment covers sexual harassment 'in any form' — operationalises the s.527D prohibition. Commitment 6 (Reporting and Response) provides the internal mechanism for handling complaints that could otherwise proceed to the FWC under s.527F. GOV-POL-011 §Scope — Grievance policy covers sexual harassment complaints handled in conjunction with GOV-POL-014 — captures the internal pathway component for s.527D contraventions.	Medium The cross-reference to GOV-POL-014 supplies the internal sexual-harassment pathway only; the body has no s.527D prohibition and no worker/penalty/third-party content. A pathway is not the substantive obligation.
FW-527E-01	FW Act s.527E	Vicarious liability — if an individual contravenes s.527D in connection with the employment of the individual by an employer, or in connection with the individual being an agent of a principal, the employer or principal is taken to have contravened s.527D unless the employer or principal proves that they took all reasonable steps to prevent the individual from contravening that section. Operates in parallel with SDA s.106 (Framework 3 SDA-106-01) — same vicarious-liability mechanism with same 'all reasonable steps' defence. Together with SDA s.47C (positive duty) and SDA s.106 (vicarious liability), s.527E forms the federal due-diligence triad for sexual-harassment prevention.	Applicable	Partial	GOV-POL-014 §Policy Commitments — Seven AHRC standards as policy commitments — collectively constitute the documented 'all reasonable steps' for the s.527E defence (mirrors the SDA s.106(2) defence at the SDA-106-01 row). GOV-POL-014 §Responsibilities — Manager and supervisor accountabilities operationalise s.527E by establishing the chain of organisational responsibility for prevention and response.	Medium Same gap pattern as SDA-106-01 in Framework 3 — policy does not explicitly identify itself as evidence supporting an s.527E 'all reasonable steps' defence. The positive-duty action plan contemplated for SDA-47C-03 would simultaneously serve as the s.527E evidence trail; consider cross-referencing both in the policy Review section.
FW-527F-01	FW Act s.527F	Application to FWC — an aggrieved person, or an industrial association entitled to represent the industrial interests of an aggrieved person, may apply to the FWC for: (a) an order to stop sexual harassment in connection with work; (b) the FWC to otherwise deal with a dispute about sexual harassment in connection with work; or (c) both. An application may be dismissed if made more than 24 months after the alleged contravention (aligned with SDA s.46PH time limit). The FWC must first deal with the dispute by means other than arbitration (conciliation, mediation), unless there are exceptional circumstances; arbitration only with party consent (or on certificate from the FWC to enable federal court application). Applicants have 60 days from the certificate to make a federal court application. A complainant cannot pursue a claim in the FWC if they already have a complaint for the same conduct in the EOC or AHRC.	Applicable	Full	GOV-POL-011 §Policy Commitments — Commitment 3 (staged resolution with external pathway) names FWC as an external resolution pathway 'at any stage' — captures s.527F applications for sexual harassment disputes. GOV-POL-014 §Policy Commitments — Commitment 6 (Reporting and Response) commits to multiple accessible reporting channels including external — the FWC under Part 3-5A is one such pathway. Should explicitly name FWC s.527F applications in the Reporting Channels evidence trail.
FW-595-01	FW Act s.595	FWC's power to deal with disputes — the FWC may deal with a dispute only if the FWC is expressly authorised to do so under or in accordance with another provision of the Act. The FWC may deal with a dispute (other than by arbitration) as it considers appropriate, including by mediation or conciliation, by making a recommendation, or by expressing an opinion. The FWC may deal with a dispute by arbitration (including by making orders) only if expressly authorised to do so under another provision of the Act (e.g., s.527F sexual harassment, an enterprise agreement dispute term per s.739, a general protections court application per s.365). To avoid doubt, the FWC must not exercise the arbitration power except as authorised by another provision.	Applicable	Full	GOV-POL-011 §Policy Commitments — Commitment 3 names FWC as an external resolution pathway 'at any stage' — captures the s.595 jurisdiction. The FWC's power is authorised by the various enabling provisions (s.527F for sexual harassment, s.789FC for bullying, s.365 for general protections court applications, etc.). HR-PRO-003 §Applicable Standards / External assistance — FWC dispute-resolution escalation pathway and third-party mediation/conciliation.
FW-738-01	FW Act Part 6-2 Div 2 (ss.738-740)	Dispute term requirements (enterprise agreement context) — an enterprise agreement must contain a term that provides for the FWC, or another independent person, to settle disputes about matters arising under the agreement and in relation to the National Employment Standards (s.186(6)). Division 2 of Part 6-2 (ss.738-740) governs how those terms operate: s.738 establishes the Division's application; s.739 governs disputes dealt with by the FWC (including arbitration where the parties have agreed); s.740 governs disputes dealt with by persons other than the FWC. Where an enterprise agreement empowers the FWC to arbitrate, the FWC must not make a decision inconsistent with the Act or with any fair work instrument applying to the parties.	Reference only	Referenced-only	GOV-POL-011 §Policy Commitments — Reference only — Westlink's workforce is currently award-covered, not enterprise-agreement-covered, so Part 6-2 Div 2 dispute-term requirements do not currently apply. Captured here so that if Westlink negotiates an enterprise agreement in the future, the dispute-term requirement is on-hand. The FWC's general dispute jurisdiction at s.595 (FW-595-01) operates regardless of enterprise-agreement status.	Not currently applicable. Reactivate to Applicable status if Westlink moves to enterprise-agreement coverage.
FW-789FC-01	FW Act s.789FC	Application for an FWC order to stop bullying — a worker who reasonably believes that they have been bullied at work may apply to the FWC for an order under s.789FF. 'Worker' has the same meaning as in the Work Health and Safety Act 2011 (broadly: employees, contractors, subcontractors, outworkers, apprentices, trainees, students gaining work experience, volunteers) but does not include a member of the Defence Force. The application must be accompanied by any prescribed fee. Note: from 6 March 2023, Part 6-4B reverted to dealing only with bullying (sexual harassment moved to Part 3-5A); the pre-March 2023 combined-jurisdiction provisions continue to apply transitionally for sexual harassment that occurred or commenced before that date.	Applicable	Full	GOV-POL-011 §Policy Commitments — Commitment 3 names FWC as an external resolution pathway 'at any stage' — captures s.789FC applications for stop-bullying orders. Bullying complaints handled internally under GOV-POL-011 in conjunction with GOV-POL-006 (Workplace Behaviour); the external FWC route is preserved as a non-negotiable alternative. GOV-POL-011 §Scope — Scope expressly includes bullying complaints — captures the substantive grievance type that s.789FC enables FWC enforcement against. GOV-POL-006 §Definitions — Definition — workplace bullying; Reporting — external referral options
FW-789FF-01	FW Act s.789FF	FWC may make orders to stop bullying — if a worker has made an application under s.789FC and the FWC is satisfied that the worker has been bullied at work by an individual or group of individuals and there is a risk that the worker will continue to be bullied at work by the individual or group, then the FWC may make any order it considers appropriate (other than an order requiring payment of a pecuniary amount) to prevent the worker from being bullied at work. In considering the terms of an order, the FWC must take into account: any final or interim outcomes of investigations by other persons or bodies; any procedure available to the worker to resolve grievances or disputes; outcomes of any such procedure; and any other matters the FWC considers relevant. 'Bullied at work' is defined in s.789FD: repeated unreasonable behaviour towards the worker (or a group of workers) creating a risk to health and safety, in a constitutionally-covered business — excluding reasonable management action carried out in a reasonable manner. The FWC must start to deal with a stop-bullying application within 14 days (s.789FE).	Applicable	Full	GOV-POL-011 §Responsibilities — QHSE Manager investigates formal grievances and maintains records — when GOV-POL-011 procedures are exhausted or unable to resolve a bullying matter, s.789FF(2)(b)/(c) requires the FWC to take account of those internal procedures and outcomes. The internal grievance trail directly conditions the FWC's order-making discretion. GOV-POL-011 §Policy Commitments — Commitment 1 (natural justice) and Commitment 5 (corrective action) together construct the kind of structured internal procedure that the FWC considers under s.789FF(2)(b)–(c). The 'reasonable management action' carve-out in s.789FD(2) is referenced operationally — performance management or discipline carried out reasonably is not 'unreasonable behaviour'. GOV-POL-006 §Policy Commitments — Commitment — disciplinary action and victimisation protection; Definition — workplace bullying
WHS-WA-104-01	WHS Act 2020 (WA) s.104	Prohibition on discriminatory conduct — a person must not engage in discriminatory conduct for a prohibited reason or for reasons that include a prohibited reason. The criminal offence applies if the prohibited reason was the dominant reason for the engaging in the conduct (s.104(2)) — 'dominant' meaning 'ruling, prevailing or most influential', assessed objectively. Maximum penalty per s.104 Schedule 5: see WHS Act 2020 (WA) penalty schedules (varies for individual vs body corporate). Operates in parallel with s.112 civil-proceedings route, where the prohibited reason need only be a substantial reason.	Applicable	Full	GOV-POL-011 §Policy Commitments — Commitment 4 explicitly prohibits victimisation or retaliation against grievance raisers, citing 'WHS Act 2020 s.104' — direct adoption of s.104 as the policy's victimisation-prohibition source. Captures both criminal and civil pathways. GOV-POL-017 §Policy Commitments — Stop Work Authority no-reprisal commitment — directly addresses s.104 in the context of WHS-conduct-related discriminatory action (already captured in whs-act-wa.md WHS-WA-84-01 evidence chain; here the s.104 prohibition is the federal-protection parallel). GOV-POL-006 §Reporting and Investigation — Reporting — external referral options
WHS-WA-105-01	WHS Act 2020 (WA) s.105	What is discriminatory conduct — a person engages in discriminatory conduct if the person: (a) dismisses a worker; (b) terminates a contract for services with a worker; (c) puts a worker to the worker's detriment in the engagement of the worker, or alters the position of the worker to the worker's detriment; (d) refuses or fails to engage a prospective worker, or treats a prospective worker less favourably in the terms of engagement that are offered; (e) terminates a commercial arrangement with a person, or refuses or fails to enter into a commercial arrangement. Organising or threatening to organise or take such action is also discriminatory conduct. 'Altering the position of a worker to the worker's detriment' includes any adverse effect on or deterioration in the worker's conditions during the engagement. 'Putting a worker to the worker's detriment in the engagement' relates to the worker's conditions at the commencement of the engagement, which may include terms of engagement offered to a prospective worker.	Applicable	Full	GOV-POL-011 §Policy Commitments — Zero-tolerance / no-victimisation commitment captures the categories of discriminatory conduct in s.105 (dismissal, contract termination, detriment, refusal/failure to engage, less favourable terms, commercial-arrangement termination). The grievance procedure includes labour-hire workers expressly under Scope, covering the s.105(d) prospective-worker and s.105(e) commercial-arrangement categories. GOV-POL-017 §Policy Commitments — Commitment 3 expressly names the categories of conduct prohibited under s.105 — dismissal, demotion, reduction in hours, harassment and any other adverse action — applied to stop-work exercise.
WHS-WA-106-01	WHS Act 2020 (WA) s.106	What is a prohibited reason — a prohibited reason for discriminatory conduct is that the worker, prospective worker, or person engaged in a commercial arrangement: (a) is or has been a health and safety representative (HSR), a member of a health and safety committee, or undertakes another role under the Act; (b) exercises or has exercised, or proposes to exercise, a power or function under the Act, or does so in a particular way; (c) assists or gives information to persons exercising a power or performing a function under the Act; (d) raises an issue or concern about WHS with persons such as a PCBU, a WorkSafe inspector, an HSR, a member of a health and safety committee, another worker, or any other duty holder or person exercising a power or performing a function under the Act. The 'raising of an issue or concern about WHS' captures grievance-procedure participation where the grievance has a WHS dimension (e.g. psychosocial hazard, bullying, harassment as psychosocial risk).	Applicable	Partial	GOV-POL-011 §Policy Commitments — Commitment 4 no-reprisal protection for raising grievances captures s.106(d) where the grievance relates to WHS — bullying, harassment, psychosocial issues all fall within. The protection of evidence-providers in Commitment 4 captures s.106(c) assistance with a WHS function. GOV-POL-017 §Policy Commitments — Stop Work Authority no-reprisal commitment — directly addresses s.106(b) exercise of WHS power.	Low GOV-POL-011 does not specifically name HSR / health-and-safety-committee roles in its no-reprisal protection. The current commitment covers grievance-raising broadly but is narrower than the full s.106 prohibited-reason list. Consider adding a sentence to Commitment 4 expressly extending no-reprisal protection to workers because of their WHS roles (HSR, committee membership, inspector cooperation) — minor textual addition that aligns the policy with the full s.106 prohibited-reason list.
WHS-WA-107-01	WHS Act 2020 (WA) s.107	Prohibition of requesting, instructing, inducing, encouraging, authorising or assisting discriminatory conduct — a person must not request, instruct, induce, encourage, authorise or assist another person to engage in discriminatory conduct that would, if engaged in for a prohibited reason, contravene s.104. This catches indirect actors (e.g., a manager who directs a subordinate to dismiss a worker for raising WHS concerns).	Applicable	Partial	GOV-POL-011 §Responsibilities — Manager/supervisor accountabilities and CEO oversight of fair operation of the grievance framework operationalise s.107 — managers must not direct or authorise discriminatory action against grievance participants.	Low Policy does not explicitly state that managers and supervisors must not direct, induce or assist discriminatory action by others. Practical coverage is via the manager-responsibility row and Commitment 4 (no-victimisation); explicit s.107 coverage would require a textual addition to Manager/Supervisor responsibilities.
WHS-WA-108-01	WHS Act 2020 (WA) s.108	Prohibition of coercion or inducement — a person must not take, organise to take, or threaten to take any action against another person with intent to coerce or induce them, or someone else, to: (a) exercise or not exercise a power under the Act, at all or in a particular way; (b) perform or not perform a function under the Act; or (c) refrain from seeking a role under the Act or continuing to undertake a role under the Act. Emergency-worker exception: an emergency worker may give reasonable directions in an emergency without it amounting to unlawful coercion. Both criminal and civil pathways are available.	Applicable	Partial	GOV-POL-011 §Policy Commitments — Natural-justice principles (Commitment 1) and no-victimisation prohibition (Commitment 4) collectively address coercion against grievance participants. The s.108 specific framing — coercion regarding exercise of WHS powers/functions — overlaps with but is narrower than the grievance policy's general scope. GOV-POL-017 §Policy Commitments — Stop Work Authority operationalises s.108 — a worker exercising the right to cease unsafe work (a WHS function) must not be coerced into resuming or coerced about how to exercise that power.	Low GOV-POL-011 does not specifically address coercion in the context of WHS powers and functions. Like s.107, practical coverage exists but is implicit. Consider adding a cross-reference to s.108 in Commitment 4 alongside the existing s.104 cite — minor textual addition.
WHS-WA-109-01	WHS Act 2020 (WA) s.109	Misrepresentation — a person commits an offence if the person knowingly or recklessly makes a false or misleading representation to another person about the other person's: (a) rights or obligations under the WHS Act (for example, the right to cease unsafe work); (b) ability to initiate or participate in a process or proceedings under the WHS Act (e.g., the right to be represented by an HSR they elected); or (c) ability to make a complaint or inquiry to a person or body empowered under the WHS Act to seek compliance (e.g., a claim that the circumstances do not allow a WorkSafe inspector to be called in to resolve an issue).	Applicable	Partial	GOV-POL-011 §Responsibilities — Manager/supervisor accountability for fair operation of the grievance framework operationalises s.109 — managers must not misrepresent workers' rights to raise WHS issues or to escalate to external regulators.	Low Same gap pattern as FW-345-01 — policy does not explicitly impose a non-misrepresentation duty on managers about workers' WHS or grievance rights. Consider single textual addition addressing both s.345 (FW) and s.109 (WHS) misrepresentation duties, e.g., in the Responsibilities table notes.
WHS-WA-110-01	WHS Act 2020 (WA) Part 6 Divisions 2-4 (ss.110-115)	Enforcement — criminal proceedings (Div 2 ss.110-111): s.110 governs proof of discriminatory conduct (criminal standard); s.111 enables a court, upon conviction of an offence under s.104, to make an order for compensation or reinstatement of the worker. Civil proceedings (Div 3 ss.112-113): s.112 enables civil proceedings against a person engaging in or inducing discriminatory or coercive conduct, where the prohibited reason need only be a substantial reason (lower bar than the criminal 'dominant reason'); s.113 sets out procedure for civil actions, including time limits and standing. General (Div 4 ss.114-115): s.114 governs the terms on which compensation, reinstatement and other orders may be made; s.115 prohibits multiple actions in respect of the same conduct (election between criminal and civil routes).	Reference only	Referenced-only	GOV-POL-011 §Policy Commitments — Reference-only — Part 6 Divs 2-4 are state enforcement mechanisms, not Westlink-side duties. Captured for completeness so that the grievance pathway and the WHS-discrimination enforcement pathway are visibly connected in the framework. The internal grievance procedure under GOV-POL-011 is one route a worker may pursue; the s.112 civil action and s.110 prosecution are external alternatives.	Not a Westlink duty. Captured for traceability of external pathways named in GOV-POL-011 Commitment 3 (WorkSafe WA external resolution).

Source document

Fair Work Act 2009 (Cth) — Part 3-1 General Protections, Part 3-5A Sexual Harassment in Connection with Work, Part 6-2 Dealing with Disputes, Part 6-4B Workers Bullied at Work; Work Health and Safety Act 2020 (WA) Part 6 Discriminatory, Coercive and Misleading Conduct

24 normative shall-statements extracted from Fair Work Act 2009 (Cth) General Protections + Part 3-5A Sexual Harassment + Part 6-2 Disputes + Part 6-4B Bullying + WHS Act 2020 (WA) Part 6 Discriminatory Conduct (source: Fair Work Act 2009 (Cth) current FRL compilation (C2009A00028, Compilation No. 71, compilation date 2 April 2026, incorporating Act No. 20 of 2026); Work Health and Safety Act 2020 (WA) (Act No. 36 of 2020, assented 10 November 2020) current consolidated text on legislation.wa.gov.au). The frontmatter requirements array is the source of truth — this body is rendered by scripts/render_compliance.py.

Coverage summary

Coverage	Count
✅ Full	9
🟡 Partial	13
🟠 Ref-only	2
🔴 Gap	0
— N/A	0

Gap severity distribution

Severity	Count
🔴 Critical	0
🟠 High	0
🟡 Medium	6
🟢 Low	7

Requirements

Clause FW Act Part 6-2 Div 2 (ss

ID	Coverage	Evidence	Gap	Notes
FW-738-01	🟠 Ref-only	[GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments)		Not currently applicable. Reactivate to Applicable status if Westlink moves to enterprise-agreement coverage.

Clause FW Act s

ID	Coverage	Evidence	Gap	Notes
FW-340-01	✅ Full	[GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments) [GOV-POL-018 §Policy Commitments](/wms/GOV-POL-018#sPolicy Commitments) [GOV-POL-017 §Policy Commitments](/wms/GOV-POL-017#sPolicy Commitments) [GOV-POL-013 §Policy Commitments](/wms/GOV-POL-013#sPolicy Commitments) [HR-PRO-003 §‘Protection from victimisation’](/wms/HR-PRO-003#s’Protection from victimisation’)
FW-341-01	🟡 Partial	GOV-POL-011 §Purpose GOV-POL-011 §Scope GOV-POL-018 §Scope [HR-PRO-003 §‘Purpose / Scope / Procedure’](/wms/HR-PRO-003#s’Purpose / Scope / Procedure’)	🟡 Medium	Scope captures in-employment complaints but the body never defines ‘workplace right’ nor the entitlement/process/complaint limbs; the protected-right concept is implicit, not substantively stated.
FW-342-01	✅ Full	[GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments) GOV-POL-011 §Responsibilities [GOV-POL-018 §Policy Commitments](/wms/GOV-POL-018#sPolicy Commitments)
FW-343-01	🟡 Partial	[GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments)	🟡 Medium	The no-victimisation and natural-justice commitments address pressure on participants, but the body contains no explicit prohibition on coercion (organising or threatening action to coerce the exercise of a workplace right).
FW-345-01	🟡 Partial	[GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments)	🟢 Low	Policy does not explicitly name a duty on managers or supervisors to give workers accurate information about workplace rights and grievance procedures. Consider adding a sentence to the Responsibilities table for the Managers/Supervisors row flagging the requirement not to misrepresent rights or procedures — minor textual addition, no operational change.
FW-346-01	🟡 Partial	[GOV-POL-018 §Policy Commitments](/wms/GOV-POL-018#sPolicy Commitments) GOV-POL-011 §Scope	🟢 Low	Policy does not explicitly name freedom of association or industrial-association protected status. For audit defensibility against s.346, consider adding industrial-association activity to GOV-POL-011’s protected-attribute list (alongside the existing ‘workplace right’ and ‘good faith’ grievance bases) or cross-reference from GOV-POL-009. Practical exposure is low (Westlink workforce is not heavily unionised) but the audit gap is real.
FW-351-01	✅ Full	[GOV-POL-009 §Policy Commitments](/wms/GOV-POL-009#sPolicy Commitments) GOV-POL-011 §Scope
FW-352-01	🟡 Partial	[GOV-POL-007 §Policy Commitments](/wms/GOV-POL-007#sPolicy Commitments) GOV-POL-011 §Scope [QHSE-PRO-004 §‘Person unfit for work’](/wms/QHSE-PRO-004#s’Person unfit for work’)	🟢 Low	GOV-POL-011 does not name temporary-absence dismissal as a protected grievance ground. Coverage of s.352 is principally via GOV-POL-007 (Rehabilitation) and the WCIM Act 2023 (WA) framework; the grievance policy is the procedural backstop. No remediation required if Phase C wires GOV-POL-007 against WCIM-RTW-02 (s.166 obligation) as planned.
FW-357-01	🟡 Partial	GOV-POL-011 §Scope	🟡 Medium	GOV-POL-011 is not designed to govern engagement-classification decisions. Substantive compliance with s.357-359 sits with engagement-decision owners (HR, procurement, contract management). Consider whether a separate ad-hoc compliance check is warranted for high-risk labour-hire and subcontractor arrangements (especially post-Closing Loopholes No. 2 s.15AA), or whether existing pre-engagement contractor classification protocols already address this. Procedural gap, not a policy gap.
FW-527A-01	🟡 Partial	GOV-POL-014 §Purpose	🟡 Medium	Purpose anchors on the SDA s.47C positive duty; the FWC / Part 3-5A enforcement route is not named in the body. Topically parallel but the s.527A framing is not reflected.
FW-527D-01	🟡 Partial	GOV-POL-014 §Scope [GOV-POL-014 §Policy Commitments](/wms/GOV-POL-014#sPolicy Commitments) GOV-POL-011 §Scope	🟡 Medium	The cross-reference to GOV-POL-014 supplies the internal sexual-harassment pathway only; the body has no s.527D prohibition and no worker/penalty/third-party content. A pathway is not the substantive obligation.
FW-527E-01	🟡 Partial	[GOV-POL-014 §Policy Commitments](/wms/GOV-POL-014#sPolicy Commitments) GOV-POL-014 §Responsibilities	🟡 Medium	Same gap pattern as SDA-106-01 in Framework 3 — policy does not explicitly identify itself as evidence supporting an s.527E ‘all reasonable steps’ defence. The positive-duty action plan contemplated for SDA-47C-03 would simultaneously serve as the s.527E evidence trail; consider cross-referencing both in the policy Review section.
FW-527F-01	✅ Full	[GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments) [GOV-POL-014 §Policy Commitments](/wms/GOV-POL-014#sPolicy Commitments)
FW-595-01	✅ Full	[GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments) [HR-PRO-003 §‘Applicable Standards / External assistance’](/wms/HR-PRO-003#s’Applicable Standards / External assistance’)
FW-789FC-01	✅ Full	[GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments) GOV-POL-011 §Scope GOV-POL-006 §Definitions
FW-789FF-01	✅ Full	GOV-POL-011 §Responsibilities [GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments) [GOV-POL-006 §Policy Commitments](/wms/GOV-POL-006#sPolicy Commitments)

Clause WHS Act 2020 (WA) Part 6 Divisions 2-4 (ss

ID	Coverage	Evidence	Gap	Notes
WHS-WA-110-01	🟠 Ref-only	[GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments)		Not a Westlink duty. Captured for traceability of external pathways named in GOV-POL-011 Commitment 3 (WorkSafe WA external resolution).

Clause WHS Act 2020 (WA) s

ID	Coverage	Evidence	Gap	Notes
WHS-WA-104-01	✅ Full	[GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments) [GOV-POL-017 §Policy Commitments](/wms/GOV-POL-017#sPolicy Commitments) [GOV-POL-006 §Reporting and Investigation](/wms/GOV-POL-006#sReporting and Investigation)
WHS-WA-105-01	✅ Full	[GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments) [GOV-POL-017 §Policy Commitments](/wms/GOV-POL-017#sPolicy Commitments)
WHS-WA-106-01	🟡 Partial	[GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments) [GOV-POL-017 §Policy Commitments](/wms/GOV-POL-017#sPolicy Commitments)	🟢 Low	GOV-POL-011 does not specifically name HSR / health-and-safety-committee roles in its no-reprisal protection. The current commitment covers grievance-raising broadly but is narrower than the full s.106 prohibited-reason list. Consider adding a sentence to Commitment 4 expressly extending no-reprisal protection to workers because of their WHS roles (HSR, committee membership, inspector cooperation) — minor textual addition that aligns the policy with the full s.106 prohibited-reason list.
WHS-WA-107-01	🟡 Partial	GOV-POL-011 §Responsibilities	🟢 Low	Policy does not explicitly state that managers and supervisors must not direct, induce or assist discriminatory action by others. Practical coverage is via the manager-responsibility row and Commitment 4 (no-victimisation); explicit s.107 coverage would require a textual addition to Manager/Supervisor responsibilities.
WHS-WA-108-01	🟡 Partial	[GOV-POL-011 §Policy Commitments](/wms/GOV-POL-011#sPolicy Commitments) [GOV-POL-017 §Policy Commitments](/wms/GOV-POL-017#sPolicy Commitments)	🟢 Low	GOV-POL-011 does not specifically address coercion in the context of WHS powers and functions. Like s.107, practical coverage exists but is implicit. Consider adding a cross-reference to s.108 in Commitment 4 alongside the existing s.104 cite — minor textual addition.
WHS-WA-109-01	🟡 Partial	GOV-POL-011 §Responsibilities	🟢 Low	Same gap pattern as FW-345-01 — policy does not explicitly impose a non-misrepresentation duty on managers about workers’ WHS or grievance rights. Consider single textual addition addressing both s.345 (FW) and s.109 (WHS) misrepresentation duties, e.g., in the Responsibilities table notes.

Rendered from frontmatter by scripts/render_compliance.py. Source extraction: scripts/extract_iso9001_requirements.py. Evidence population: scripts/populate_iso9001_evidence.py. Validate: scripts/compliance_validate.py.