NEW obligations to prevent harassment in the workplace, as part of the governments ‘Secure Jobs, Better Pay’ changes under the the Fair Work Act, came into effect on March 6, 2023, expanding on previous protections.
The Secure Jobs Better Pay Act prohibits (or bans) sexual harassment in connection with work, including in the workplace.
Harassment is not the most comfortable topic of discussion to have as employers; especially sexual harassment.
There are many things we want to discuss; the plans on farm for the day, how the cows are producing, which paddock is next in the rotation.
However, the obligation to have these more difficult conversations with our work team has really increased, and addressing the issue of harassment in the workplace has never been more important.
The protection applies to all workers including employees, contractors, work experience students and volunteers.
It also extends to future workers and people conducting a business or undertaking in connection with your business.
An employer can be liable for sexual harassment conducted by an employee or agent in connection with their business.
This applies unless the business owner can prove that they took all reasonable steps to prevent the sexual harassment.
Whilst employers have always had obligations to keep employees safe on the job, which included not exposing them to sexual harassment, the new obligations go further than ever before, and cover more people associated with the workplace.
It’s also fairly broad as to what classifies as sexual harassment; of course there are obvious situations, but the Fair Work Commission also gives examples of behaviour which could qualify to include staring, unwanted invitation to go on dates, or suggestive jokes.
To be sexual harassment, it has to be reasonable to expect that there is a possibility that the person being harassed would be offended, humiliated or intimidated by the behaviour. This means that whether behaviour is sexual harassment depends on how a reasonable person would interpret the behaviour in that situation. Behaviour that is harassment in one situation may not be in a different situation.
If sexual harassment in the workplace is found, the onus is on the employer to prove they took all reasonable steps to prevent the harassment. One of the key steps you can take to prevent unwanted behaviour in your workplace is to have a Sexual Harassment Policy in place.
This document sets out the expectations and standards you expect everyone in the workplace to uphold, and what an employee should do if they experience harassment.
Dairy Australia has a template policy available, which you can use as a basis to build a policy suitable for your business. This template incorporates sexual harassment, harassment, discrimination, and bullying, and can be found on The People in Dairy website.
Don’t forget that when you introduce any new policies to a business with existing staff, you must consult with them prior. This can be a great opportunity to gather input and get everyone on the same page.
