Last Thursday (8 April 2021) the Morrison Government announced its response to the Australian Human Rights Commission’s (AHRC) Respect@Work Report with a comprehensive set of recommendations for preventing and addressing sexual harassment.

It highlights that the Australian Government, states and territories, employers, and industry groups all have an important role to play in supporting cultural change and creating safe workplaces.

In ‘A Roadmap for Respect: Preventing and Addressing Sexual Harassment in Australian Workplaces’ (the Roadmap for Respect), the Government provides its response and sets out its long-term commitment to preventing and addressing sexual harassment.

The Respect@Work Report was the product of the landmark National Inquiry into Sexual Harassment in Australian Workplaces commissioned by the Coalition in June 2018 and conducted by the Sex Discrimination Commissioner, Kate Jenkins.

The Australian Government has agreed to (in full, in-principle, or in-part) or noted all 55 recommendations in the Report, with its response focused on creating a new culture of respectful behaviour in Australian workplaces. Notable measures include:

• The creation of the Respect@Work Implementation taskforce to deliver legislative and regulatory reform;
• Simplifying and strengthening the legal framework, existing rights and obligations for employees and employers;
• Supporting greater coordination between agencies and services to ensure workers and employers have access to consistent information.

The Government’s response also places an emphasis on preventative measures, such as:

• delivering education and training programs across a range of sectors;
• supporting targeted research and evidence development on prevention strategies; and
• enhancing data collection and evidence gathering mechanisms.

It outlined that leadership from all levels of government and industry is crucial for ensuring recommendations are successfully implemented, with the Australian Government committed to leading and facilitating discussions with state and territory governments, as well as the private sector.

The Roadmap for Respect is designed to complement existing work under the current National Plan to Reduce Violence Against Women and their Children (2010‑22) and ensure alignment with the development of the next National Plan. The National Plan is the cornerstone of national collaboration to prevent and address violence against women and their children.

The Government says work is already underway to implement the Report’s recommendations, with the Australian Government committing $2.1 million in 2020 to fund implementation of nine key recommendations from the Report. This included the establishment of the Respect@Work Council, which will provide the foundation for implementing other recommendations in the Report.

It says action has already commenced on:

• developing the Respect@Work website as an online platform to provide free, practical information and education resources for employers and workers
• developing a package of training and education resources on the nature, drivers and impacts of sexual harassment as well as the rights and responsibilities of workers and employers
• preparing for the fifth National Survey on Sexual Harassment in Australian workplaces.

More information about the Roadmap for Respect can be found at: https://www.ag.gov.au/rights-and-protections/publications/roadmap-for-respect.

Support for resources and energy employers

AREEA has publicly acknowledged that ‘mining’ (including oil and gas) is referenced throughout the AHRC Respect@work report as an industry with amongst the highest prevalence of workplace sexual harassment.

Specifically, the report highlights that male-dominated workplaces (most notably the construction and mining industries) have a higher risk of experiencing sexual harassment due to factors including the gender ratio, over-representation of men in senior leadership roles, the nature of the work being considered ‘non-traditional’ for women and masculine workplace cultures.

“In mining, the rate of sexual harassment overall was 40%, higher than the rate across all industries of 31%. Women were more than twice as likely as men to be sexually harassed (74% compared to 32%),” the report said.

AREEA’s longstanding position is the industry must work diligently to understand and address the specific drivers of sexual harassment in our workplaces.

Encouragingly, these are all areas in which the industry, led by the Australian Women in Resources Alliance (AWRA), an AREEA initiative, has been making significant improvements in recent years.

Specific initiatives delivered by AWRA / AREEA to assist members in addressing workplace sexual harassment include:

• Delivery of AREEA’s Appropriate Workplace Behaviours training to member company employees, with a strong focus on discrimination, sexual harassment and inclusive workplace culture;
• Reviewing members’ workplace policies and procedures to ensure best practice in regards to bullying and harassment, psychological safety and disciplinary action;
• Undertaking the AWRA Inclusive Safety Audit in member company workplaces to examine the actual and perceived physical and psychological safety of their employees. The audit covers physical safety, confidence, personal safety (including bullying and harassment) and psychological safety; and
• Development of policies, projects and campaigns to drive cultural change, education and awareness to drive more diverse, inclusive workplaces free from sexual harassment.

AREEA looks forward to working with the Government and its members to implement further recommendations across education, accreditation and training to build skills and capacity on preventing and responding to workplace sexual harassment.

To learn how AREEA can support your organisation in addressing workplace sexual harassment and related areas, contact [email protected].