On 6 March 2023, new sexual harassment legislation in the workplace took effect to expand protection for workers and increase the Fair Work Commission’s (FWC) powers to deal with these disputes. Our employment law specialists explain what’s changed and what business owners and employers should consider to reduce the risk of sexual harassment taking place in their workplace.
Employers take note. Under these new laws, the onus for preventing sexual harassment in the workplace is on you. The changes follow the updates brought by the Secure Jobs Better Pay Act in late 2022 and see Recommendation 28 of the Respect@Work: Sexual Harassment National Inquiry Report (2020) being implemented.
Know the Changes to Australia’s Sexual Harassment Laws
These new amendments to the Fair Work Act see changes across the following key themes:
Increased Protections
Coverage is not only provided to employees. Contractors, work experience students, volunteers, prospective workers and persons conducting a business or undertaking are now protected under law.
Liability
A person or company can be liable for the sexual harassment conducted by an employee or agent in connection with work. This applies unless the person or company can prove that they took all reasonable steps to prevent the sexual harassment from occurring.
Disputes
Applications to the FWC can be initiated by a person or group of people alleging sexual harassment, or a union on behalf of a member.
The FWC has been given increased powers to deal with disputes regarding sexual harassment including conciliation, mediation, making a recommendation or expressing an opinion.
How Employers Can Prevent Sexual Harassment in the Workplace
With the new laws now in effect, employers and business owners need to consider the risk of sexual harassment occuring in their workplace and assess their current practices for preventing it. Ask yourself this question: Could you demonstrate you took all reasonable steps to prevent sexual harassment occurring in your workplace?
BlueRock Law’s Take-Away Tips:
1.
Take a proactive approach. What policies or training can your business implement in the workplace to ensure a safe and inclusive environment and prevent sexual harassment from occurring? Do your current policies need uplifting?
2.
Review internal procedures. Ensure proper process is set for reporting, receiving and responding to complaints involving sexual harassment. Are these processes clear? Are staff aware of their role?
3.
Culture check. Set the tone, listen to your staff and monitor the culture. Anonymous surveys are one effective way to listen and act on feedback. Also consider whether your policies reflect a modern workplace and if staff are aware of them.
Get Help to Comply With Sexual Harassment Laws
Let’s wrap it up. The new sexual harassment laws in Australia compel employers to prevent it from occuring in their workplace. It is important that you understand these changes and take a proactive approach by implementing policies, providing training, and reviewing internal procedures.
It’s all about being able to show that you've taken reasonable steps to prevent sexual harassment and keep your workers safe. If you need a hand understanding or implementing anything you’ve read here, reach out to our employment law experts Jordana Maycock and Anthony Maher for guidance and support.
Disclaimer: This article is a general commentary on a topical issue and does not constitute legal advice. If you’re concerned about any topics covered in this article, we recommend that you seek legal advice.
