A national inquiry into sexual harassment in the workplace was commissioned by the Federal Government in 2018. The purpose of this inquiry was to improve how Australian workplaces prevent and respond to sexual harassment.

The report provides a set of recommendations for preventing and addressing sexual harassment to create safer workplaces. The government have agreed either wholly, in part, or in principle, to all 55 recommendations. Drafted legislation for the implementation for the changes is due by June 2021, therefore employers should be looking out for expected changes. These changes may impact the way these types of claims are dealt with, within workplaces.

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The impending changes to address sexual harassment are expected to be far reaching to all areas of employment including the meaning of what is a ‘safe workplace’.

Proposed legislative amendments to the Fair Work Act are:

• changes to the definition of ‘serious misconduct’, to include sexual harassment as a means for immediate termination without notice;
• sexual harassment is listed as a valid reason for dismissal for the purposes of an unfair dismissal application;
• a ‘stop sexual harassment order’, equivalent to a ‘stop bullying order’ is introduced in the context of workplace sexual harassment;
• an update to the mandatory Fair Work information statement which will include some additional guidance on sexual harassment.

Whilst amendments to the Fair Work Act regarding the definition of serious misconduct and sexual harassment are grounds for immediate termination, employers will still be required to carry out their due diligence and investigate the particular incident, just as they would be required prior to determining any serious misconduct termination.

There are steps employers can take now to prepare for the implementation of these changes, including:

• consideration to appropriate steps and principles of good workplace investigations;
• implementing education and training programs for all workers in relation to identifying, responding to and reporting instances of sex discrimination or sexual harassment in the workplace;
• reviewing existing policies and procedures;
• developing processes and procedures for dealing with reports of historical workplace sexual harassment and providing appropriate support to victims.

Master Electricians have unlimited access to the MEA Employer Advice hotline. If you need information or assistance call MEA on 1300 889 198.