"Workplace sexual harassment is both unacceptable and unlawful. It is not in the interests of employers for workplace sexual harassment to continue. With this in mind, Ai Group will be carefully considering the Respect at Work Bill introduced to Federal Parliament today and will provide constructive feedback to ensure that the key principles in the Bill can operate appropriately and effectively for employers," Innes Willox Chief Executive of the national employer association Ai Group said today.
"The introduction of the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 reflects the Australian Government's election commitment to implement the outstanding legislative amendments contained in the Sex Discrimination Commissioner's Respect@Work Report. The recommendation relating to prohibiting sexual harassment under the Fair Work Act 2009 (Cth) is not included in this Bill. The Australian Government has announced that this will be addressed in amendments to the Fair Work Act later this year.
"The Bill introduces a statutory duty on employers to take reasonable and proportionate measures to eliminate unlawful sex discrimination, workplace sexual harassment and victimisation. To ensure a workable framework for employers, it is essential that the proposed duty appropriately interacts with other preventative provisions in the Sex Discrimination Act and other existing statutory duties on employers in work, health and safety laws, including recent developments in workplace psychosocial hazard regulation. It is essential that employers are not subject to inconsistent regulatory frameworks aimed at sexual harassment prevention as enforced by separate regulators.
"The Bill's creation of new compliance and enforcement powers on the Australian Human Rights Commission will require close consideration. The perception of impartiality and independence is essential for any tribunal with jurisdiction to resolve complaints of workplace sexual harassment. It is concerning that the complaints resolution function of the AHRC will continue if the AHRC is also to act as a regulator in enforcing the proposed positive duty under the Sex Discrimination Act.
"Ai Group will be carefully considering the Bill's provisions and will provide constructive feedback to ensure that the key principles in the Bill can operate appropriately and effectively for employers," Mr Willox said.
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