Workplaces across Australia have been tasked with ensuring that their policies, procedures and practices reflect best practice and that individuals come forward when witnessing inappropriate behaviours that should not occur in any workplace. It is vital that both employers and employees use their best endeavours to create a positive culture in the workplace to ensure that any such poor behaviours are identified and eradicated from workplaces. The legislature has accordingly responded by making amendments to the Fair Work Act 2009 (Cth) (the Act) which now provides the ability for employees, unions and the Fair Work Ombudsman to obtain compensation, financial penalties and/or other suitable Orders against perpetrators of sexual harassment and against any employers who do not take reasonable steps to safeguard employees from such conduct.
The new amendments to the Act arose from the ‘Respect@Work Report’ which recommended that “the Fair Work system be reviewed”, with such amendments drafted to minimise the pressures on individuals if/when having to deal with inappropriate behaviours, including sexual harassment in the workplace by allowing other parties to represent the individual who is making the allegations and/or encourage the person to pursue the appropriate avenues of recourse.
All employees and employers alike are now tasked with a “positive obligation” to ensure that the behaviours, policies, codes and practices of Australian workplaces are of the highest standard pursuant to the December 2022 Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth).
Our team at Baker Love Lawyers are well placed to assist with all employment enquiries and review any polices, practices and procedures within workplaces to ensure that you are working under a best practice model. Please do not hesitate to reach out to our team at Baker Love Lawyers on (02) 4944 3322.
