AICD research reveals concerns Australian workplaces not prepared for Positive Duty legislation
A week out from new workplace legislation requiring companies to more actively stamp out sexual harassment, boards are concerned they are not yet prepared.
With just a week to go before the Positive Duty legislation enforcement most directors across ASX300 were concerned they are ill prepared, AICD and ACSI reported.
Taking effect next Tuesday, the Positive Duty “requires companies to take reasonable and proportionate measures to eliminate sexual harassment, sex-based harassment, sex discrimination, hostile workplace environments and victimisation”.
Recent research from the Australian Institute of Company Directors (AICD), in partnership with the Australian Council of Superannuation Investors (ACSI), showed80 per cent of women company directors and 61 per cent of men directors believed their boards did not have an adequate understanding of the nature of Positive Duty conduct.
ACSI chief executive Louise Davidson said the introduction of Positive Duty was a good development that provided an education opportunity for boards across Australia.
“Legislation is just coming in, but it … should be a wake-up call to boards,” Ms Davidson said. “Now it’s time to act to make sure that they’re educating themselves, making sure that they’re getting the information that they need in order to set their organisation up for success as we move into the positive duty obligations.
“It can’t just be something that falls to the female directors … It’s going to be really important from a leadership perspective that the whole board is on board with the change that needs to occur here … Boards are really needing to focus on organisational culture to really make sure that (there’s no) room for casual sexism.”
AICD chief executive Mark Rigotti said there were more improvements to be made to meet the Positive Duty requirements.
“A number of directors are still worried they’re not fully prepared to meet the new standards,” Mr Rigotti said.
“(Improving) your understanding as a board member is the right thing to do, but also there’s a really compelling business case to do it. So you have a more productive workplace, which is good, good for the company, good for everyone.”
Australian Human Rights Commission sex discrimination commissioner Anna Cody said there was still work to be done to create safer and respectful workplaces.
“It is heartening to see the steps that organisations are taking to foster safer, respectful and more inclusive and diverse workplaces. But there is still a long way to go, and organisations must continue to build on the collective momentum we have seen over recent years,” Dr Cody said.
“Fulfilling this new positive duty obligation requires a shift from a traditionally reactive approach grounded in a complaints-driven model, to a proactive approach that places the responsibility for change in the hands of employers, where it belongs. Simply responding to reports of individual incidents is not enough.”
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