Attorney General Christian Porter earlier this month tabled ‘Respect@Work’, the Australian Human Rights Commission’s Sexual Harassment in Australian Workplaces National Inquiry Report.

The report is the culmination of the world-first 18-month National Inquiry, which examined the nature and prevalence of sexual harassment in Australian workplaces, the drivers of this harassment and measures to address and prevent it.

In a statement, Mr Porter welcomed the report and said the Government will take time to carefully consider the report and its recommendations, recognising that states and territories, and the private sector, also have a key role to play.

“The Government is committed to ensuring Australian workplaces are safe and free from sexual harassment. No one should have to suffer sexual harassment at work, or in any other part of their lives.”

The 932-page report makes 55 recommendations and proposes a new approach for government, employers and the community to better prevent and respond to sexual harassment in the workplace, and position Australia as a world leader in addressing workplace sexual harassment.

The report specifically called out resources and energy industry workplaces for having a higher than average prevalence of sexual harassment. While there are a number of reasons for this, including the sector’s male-dominated gender ratio and the nature of work being considered ‘non-traditional’ for women, resources and energy employers know there is no excuse for sexual harassment in their workplaces.

The 55 recommendations consider a range of measures and strategies for preventing and responding to workplace sexual harassment which highlight the need for better data collection, research and education, and communication of best practice approaches.

Several recommendations relate to the regulatory and legal framework for addressing workplace sexual harassment and are contained in Section 5 of the Report. Some of these recommendations include:

1. Additional Fair Work Act Causes of Action: Amending the Fair Work Act to ensure that sexual harassment is expressly prohibited and introducing a ‘stop sexual harassment order’ (Recommendations 28 and 29).
2. Positive Duties: A ‘positive duty’ in the Sex Discrimination Act on all employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible (Recommendation 17).
3. Inquiry Powers: In combination with the above, broad powers be given to the Australian Human Rights Commission to assess compliance with the positive duty, and take enforcement action (Recommendation 18).
4. Unfair Dismissal: Amending the definition of ‘serious misconduct’ in the Fair Work Regulations to include sexual harassment (rec 31), and amending Section 387 of the Fair Work Act to clarify that sexual harassment can be conduct amounting to a valid reason for dismissal (Recommendation 32).
5. Non-Disclosure Agreements (NDAs): Rather than an initial outright ban, the AHRC has recommended that a practice note / guideline be developed that identifies best practice principles for the use of NDAs in workplace sexual harassment matters to inform the development of regulation on NDAs (Recommendation 38).
6. Industry Involvement: The Workplace Sexual Harassment Council will lead a new collaboration by unions, employers and employer associations called Respect@Work, which will deliver information, education and resources for workers and employers through an online platform (section 6: Recommendations 47 and 48).

AREEA’s position

AREEA will take the necessary time to consult with our membership on the 55 recommendations put forward by the AHRC to address sexual harassment in the workplace.

Broadly, we welcome any moves to ensure the Fair Work Act treats sexual harassment with the same seriousness it treats bullying, general harassment and other forms of serious misconduct in the workplace that put people at risk of physical and/or psychosocial harm.

Any changes must however ensure decreased regulatory and legislative complexity, which was raised throughout the review process as a key challenge for employers in managing workplace sexual harassment.

We also welcome recommendations that would promote greater coordination across education, accreditation and training to build skills and capacity on preventing and responding to workplace sexual harassment.

Through collaboration and ongoing industry consultation, AREEA is optimistic this report can be a turning point to achieving real and lasting change in relation to sexual harassment in Australian workplaces.

AREEA made a submission to the National Inquiry into Workplace Sexual Harassment which considered the current legal framework, existing measures and good practice already undertaken by employers, and recommendations to address sexual harassment in Australian workplaces.

There are many positive initiatives by employers in the resources and energy industry to address workplace sexual harassment and we welcome recommendations from the Inquiry in relation to best practice strategies to further promote safe and respectful workplaces.

While the resources and energy industry support the need for research and the collection of information to guide best practice strategies and policies, it is AREEA’s view that employers should not be subject to additional reporting requirements beyond those already required by the Workplace Gender Equality Agency (WGEA) and other agencies.

Recommendations that promote greater coordination across education, accreditation and training to build skills and capacity on preventing and responding to workplace sexual harassment further support this.

For more information about the report or the National Inquiry into Sexual Harassment in Australian Workplaces, contact [email protected].