YOUR BUSINESS
Changes to the F air Work
f GROWERS need to ensure they have robust policies in place making it clear to its workers that there is no place in their business for sexual harassment.
Act 2009
F
BY STEPHEN FARRELL INDUSTRIAL RELATIONS CONSULTANT, VEGETABLESWA
• Providing a statutory definition of sexual harassment • Including sexual harassment in the definition of ‘serious misconduct’ and as an example of a valid reason for a dismissal in the factors considered when deciding if a dismissal was harsh, unjust or unreasonable
ollowing recent high profile instances • Including miscarriage as a reason to of alleged sexual access compassionate leave. harassment taking place at In addition to making applications to the Equal Opportunity Commission both the High Court and the or the Australian Human Rights Federal Parliament, Commission, workers who the Australian have been subjected to sexual harassment in A generic harassment government workplace can now policy is available on the the introduced the Sex make an application to vegetablesWA website. the Fair Work Commission Discrimination and for orders to stop Fair Work (Respect at sexual harassment. Work) Amendment Act These applications will be 2021, which was passed and dealt with by the Commission in the same way that applications to enacted into law. This Act amends the Fair Work Act 2009 by: • Introducing the ability for stop sexual harassment orders to be issued by the Fair Work Commission, similar to its ability to issue stop workplace bullying orders
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WA Grower SUMMER 2021
stop bullying are done now.
The FWC will have wide discretion to make orders as it sees fit, with the focus on stopping the sexual harassment in the workplace. However, same as applications to stop bullying, the FWC will not be able to make an order requiring an employer pay monetary compensation to a worker.
The changes to the Act provide that workers not only have to demonstrate that they have been sexually harassed but also that there is a risk of the sexual harassment continuing in the workplace. As such, similar to what it does not with anti-bullying applications, growers can expect the FWC to want to see their policies around sexual harassment in the workplace, to ascertain any future risk should a grower be required to respond to an application.
Conclusion There has never been a more important time for growers to ensure they have robust policies in place making it clear to its workers that there is no place in their business for sexual harassment and clear procedures for its workers to be able to make complaints and have them addressed. A generic harassment policy is available for growers in the Employee Handbook which can be downloaded from the HR Support section of the vegetablesWA website. MORE INFORMATION If growers have specific questions relating to their business on the issues raised in this article, contact Stephen Farrell on 0455 833 352 or email stephen.farrell@vegetableswa.com.au.
