"The passage through Federal Parliament of the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 is a significant development to address the unacceptably high rates of sexual harassment in Australian workplaces," Innes Willox, Chief Executive of the national employer association Ai Group said today.
"The Bill implements a number of recommendations made by Sex Discrimination Commissioner, Kate Jenkins, in the Respect@Work Report. These include:
1. the introduction of a positive duty in the Sex Discrimination Act 1984 (Cth) on employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation as far as possible;
2. clarifying that sexual harassment includes creating a working environment hostile on the grounds of sex;
3. empowering the Australian Human Rights Commission (AHRC) to enforce compliance with the new positive duty and to undertake a broad inquiry function in relation to unlawful systemic discrimination.
"Importantly, Ai Group welcomes the Government's late amendment to the Bill to clarify the interaction between the Bill's positive duty and overlapping work, health and safety duties. This was an important concern raised by Ai Group during the Senate Committee Inquiry into the Bill given that the two duties are different and could cause confusion for employers.
"However, it remains a problem that the Bill will allow the Australian Human Rights Commission (AHRC) to continue its role to conciliate complaints when it may simultaneously commence enforcement functions in respect of the positive duty and systemic discrimination against employers. If the AHRC is to adopt compliance and enforcement powers, it is appropriate for the perception of its independence and fairness that conciliation and dispute functions be either by consent of the parties, or are instead commenced elsewhere. To this end, the Fair Work Amendment (Secure Jobs, Better Pay) Bill 2022 will also expand the Fair Work Commission’s jurisdiction to include sexual harassment disputes. If the Fair Work Commission is to hear complaints of sexual harassment, it is unnecessary for the AHRC to also continue this function.
"Finally, we acknowledge the work of Sex Discrimination Commissioner, Kate Jenkins, and her willingness to hear from and consult with employers including Ai Group in the lead up to the Respect@Work Report that formed the basis of key changes contained in the Bill," Mr Willox said.
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