Changes coming for women in the workplace

The new federal government campaigned heavily on women’s issues and now that they have formed a majority government, we can expect to see some significant changes to legislation relating to workplaces.

High on the agenda is the commitment to implement all 55 recommendations of the Respect@Work report investigating the prevalence and effect of sexual misconduct in Australian workplaces.

When the report was released in March 2020, the sex discrimination commissioner Kate Jenkins released her report with the message:

“I call on all employers to join me in creating safe, gender-equal and inclusive workplaces, no matter their industry or size. This will require transparency, accountability and leadership. It will also require a shift from the current reactive model, which requires complaints from individuals to a proactive model, which will require positive actions from employers,” Jenkins said.

“Ultimately, a safe and harassment-free workplace is also a productive workplace.”

Now employers in the NFP and Charity space should prepare for inevitable changes that will impose on an employer’s positive duties to take “reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible”.

If the recommendations proceed in their original form, the Australian Human Rights Commission (AHRC), and a proposed independent regulator will have the power to apply to the court for an order requiring an employer to comply with their duties. The AHRC will also likely have increased powers to investigate complaints about sexual harassment and gender discrimination, placing a greater burden on employers to better manage harassment and gender issues in the workplace.

It is foreshadowed that employers can expect a robust, early intervention process specifically catered to sexual harassment, that operates similarly to the Fair Work Ombudsman or work health and safety regulators. The formation of a new regulator is proposed to provide a more effective deterrent to sexual harassment than seeking damages for breach of the Sex Discrimination Act.

Another significant recommendation is the ability of unions and other representative groups to bring claims to court, which could result in more agitation of sexual harassment matters in court where an individual complainant may be hesitant to pursue a claim on their own initiative.

It is expected that resources will be provided for employers “to understand the causes of sexual harassment, how to prevent it, and how to respond to it in a way that minimises harm to workers and also ensures they meet their legal responsibilities.” The focus will be on resources being “clear, practical, victim-centred, easily accessible from a central location and widely publicised”, being flexible enough for use in organisations of all sizes across all industries.

The report highlighted that sexual harassment is a WHS issue because it affects psychological health. Recommendations of the report include that action to be urgently taken to include:

• social change strategies on sexual harassment, including a national campaign to increase knowledge of, and change behaviours that drive, sexual harassment;
• targeted, evidence-based prevention strategies to address sexual harassment of community groups who are at higher risk;
• initiatives targeted towards young people that focus on sexual harassment as a form of gender-based violence.

The recommendations also propose:

• extending the time for a complainant to file a complaint to 24 months;
• ensuring complainants cannot have costs awarded against them if their complaint fails in court;
• organisation boards be educated on good governance in relation to gender equality and sexual harassment.

What can your NFP do to be ready?

The recommendations that were adopted by the previous federal government have given employers a taste of what to expect, but there will be more to do once all of the recommendations are implemented. Organisations should ensure:

• training is sourced for the board and officers;
• they have updated sexual harassment policies;
• implement updated training about sexual harassment in the workplace;
• review grievance policies to ensure they deal with complaints in a manner consistent with the proposed changes;
• review WHS policies and procedures to ensure psychological injuries are effectively managed and wherever possible proactive steps are taken to identify issues.

NFP Lawyers can assist your organisation to prepare for the changes with audits, advice, policies and training. You can reach us at reception@nfplawyers.com.au or on 07 3160 0010.

Disclaimer – Reliance on Content
The material distributed is general information only. The information supplied is not and is not intended to be, legal or other professional advice, nor should it be relied upon as such. You should seek legal or professional advice in relation to your specific situation.