Yesterday, the Respect@Work bill passed through both Houses of Parliament. This marks a significant step towards implementing a further 7 of the 55 recommendations contained in the 2020 Respect@Work Report.
Described by Attorney-General Mark Dreyfus as the “cornerstone” of the Respect@Work recommendations, the changes include the introduction of a positive duty on employers and persons conducting a business or undertaking to take reasonable and proportionate measures to eliminate sex discrimination, sexual or sex-based harassment, hostile workplaces and victimisation, as far as possible.
After passing through the Senate on Friday, the bill returned to the House of Representatives where it was passed yesterday with some minor amendments. In particular, the proposed “cost neutrality” approach has also been parked for further consideration and it has been made clear that the positive duty intends to operate alongside existing state and territory work health and safety frameworks.
The rapid progression of the bill through Parliament highlights the elimination of sexual harassment as a key issue in modern workplaces as well as the Federal government’s commitment to implementing the full suite of the Respect@Work Report’s recommendations.
So what does this mean for your organisation?
Once the bill receives royal assent, a 12 month transitional period will commence before the Australian Human Rights Commission’s new monitoring and compliance function with respect to the positive duty (among others) takes effect. This represents a welcome and timely opportunity for organisations to take proactive steps to ensure their governance frameworks and organisational structures are ready to meet these new requirements.
Reach out to a member of the KWM Employee Relations & Safety Team for assistance on navigating these changes. To find out more about promoting healthy, safe and respectful workplaces, please visit our webpage “The New Workplace: People, Law, Culture”.
