New employer obligations as Respect at Work Bill passes

We have provided a recap on the amendments to the Bill and the impact it will have on all businesses now that the new law has been adopted. 

Protect people from hostile work environments
The Sex Discrimination Act 1984 (Cth) has been amended to prohibit conduct that subjects another person to a workplace environment that is hostile on the grounds of sex. The use of the terms ‘person’ and ‘second person’ in the wording of the Bill means that this provision will broadly cover any conduct that occurs in the workplace, including by clients and contractors. 

Sexual harassment in the workplace may occur when the environment is sexually charged or hostile, creating a feeling of unwelcome or exclusion by a person, even if the specific conduct is not directed at an individual. This kind of environment can increase the risk of other forms of unlawful discrimination, such as sexual harassment. The protection will not require the conduct is directed at a specific person, but instead prohibits conduct that results in an offensive, intimidating or humiliating environment for people of one sex.  

Features of this may include things such as:

• General sexual banter 
• Innuendo or offensive jokes
• displaying obscene/pornographic materials, or
• petty nuisance phone calls that may be creating a hostile workplace environment for either sex, even when not necessarily sexual in nature. 

The bill introduces an express prohibition to protect people from a hostile workplace environment. Businesses will now be required to stamp out any workplace behaviour which has the potential to result in an offensive, intimidating and humiliating environment for people of one sex. 

Positive duty to eliminate sex discrimination in the workplace
This duty is being implemented to shift the focus from a complaints-based model to a proactive approach to preventing sexual harassment and discrimination in the workplace. Rather than addressing and responding to conduct that has already occurred, the prevention now calls for a positive duty for all businesses to take ‘reasonable and proportionate measures’ to eliminate sex discrimination, including sexual harassment, as far as possible. These specified forms of conduct include sex discrimination, sexual and sex-based harassment, victimisation and the new ‘hostile workplace environment’ as outlined above. This applies when the conduct is engaged in by the duty holder themselves, their employees, workers and agents, and even third parties in certain cases. 

The content of this duty and the meaning of ‘reasonable and proportionate measures’ are adaptable, and will vary depending on the size, nature and circumstanced of your business, financial and non-financial resources, and the practicability and costs associated with any steps. Some possible examples include:

• implementing policies and procedures 
• collecting and monitoring data
• providing the appropriate support to workers and employees
• delivering training and education around the unlawful conduct on a regular basis - this may be done via staff meetings, training of new employees or by providing employees with relevant resources and information. 

Now these new laws apply, businesses need to assess the risk in the workplace, put a prevention plan in place and communicate any changes. This will be especially important around the end-of-year festivities when practices are hosting Christmas parties.

Taking all reasonable and appropriate measures to prevent unlawful conduct will operate to exclude employers from vicarious liability for unlawful acts done by their employees or agents under s106 of the Sex Discrimination Act, as well as model WHS laws. Other levels of enforcement can be found in the Bill. 
To remain compliant under these new legislative changes, employers and business owners need to make sure they are taking all reasonable steps to eliminate these risks in the workplace. 
 

	Workplace Relations Support  Workplace Relations Support can assist members with understanding their responsibilities as an employer when new legislation is passed through parliament. You can contact us via phone (07) 3872 2222 and email support workplacerelations@amaq.com.au.
	Workplace Relations Toolkit Workplace Relations Toolkit subscribers receive policy and procedure templates as part of their subscription. These templates include a Respect in the Workplace Policy (bullying), Mental Health Policy and a Work Health and Safety Policy.
	Workplace Relations Consultancy Workplace Relations Consultancy can review current workplace policies and provide advice on how they should be updated to remain compliant.