What do the proposed changes to the Fair Work Act mean for Sexual Harassment in your business?

For employers who have already kept up with contemporary policies and training, the proposed amendments to the Fair Work Act and Regulations to:

1. include the term “sexual harassment” in the definition for “serious misconduct”;

2. clarify that sexual harassment can be a ‘valid reason’ for dismissal; and

3. create a jurisdiction similar to the FWC bullying jurisdiction

will mean little practical change –other than a solid endorsement that you have been doing the right thing for you workers and workplace.The changes due for implementation June 2021, will certainly provide a clear legislative backing for employers wanting to‘take a stand’ enforce their workplace behaviour policies.

For those businesses that have not kept up to date (ie no formal training or review of the applicable policy within the last two years) –your workplace has a lot of catching up to do. The workplace has well and truly ‘moved on’ and what was perhaps ‘inadvertently’ tolerated –now will no longer be.

Sexual harassment is a WHS issue that needs consistent steps to address to the prevailing hazards of the day.Take the time to set clear expectations (ie policy) and train your employees for not only is sexual harassment but also what is not sexual harassment.

The Respect@Work: A National Inquiry into Sexual Harassment in Australian Workplaces’ Report found the main perpetrators were middle age men and that the main ‘hot spots’ were:

1. intrusive personal questions; and

2. sexually suggestive jokes

To make your policy statements and training most effective and meet your respective WHS obligations target those main areas.A failure to do either will expose your business to ongoing risk and not meet best practice employer standards.