Anti-sexual harassment reform passes parliament

The new legislation amends the Fair Work Act to make sexual harassment a valid reason for an employee to be dismissed.

Attorney-General Michaelia Cash. Picture: Martin Ollman

A suite of new laws to better prevent and respond to sexual harassment and discrimination in the workplace have been passed, but Labor and the Greens say the reforms stop short of addressing the causes of the problem.

The legislation includes an amendment to the Fair Work Act to sexual harassment a valid reason for dismissal. The bill also clarifies that sexual harassment is prohibited under the Sex Discrimination Act and expands the anti-sexual harassment regime to MPs, their staff and judges.

Attorney-General Michaelia Cash said the reforms would increase the safety and economic security of women. “This legislation is just one of the ways we are taking action to build a safe and respectful culture in Australian workplaces,” she said.

The government’s bill enacted six of the 55 recommendations from a report by Sex Discrimination Commissioner Kate Jenkins, handed down in March last year. It did not include a central recommendation to enforce a positive duty on employers in the Sex Discrimination Act. The measure would put the onus on businesses to take proactive steps to stamp out sexual harassment through education and creating a safe workplace culture.

The government on Wednesday blocked a joint amendment by the opposition and the Greens to include the “positive duty” measure. Scott Morrison told parliament on Thursday the government had prioritised simpler changes and would give complex recommendations, such as the positive duty measure, further consideration. “A number of recommendations need to be carefully considered together because they fundamentally change the core function of the Australian Human Rights Commission,” he said.

Anthony Albanese said the government response to Ms Jenkins’ report was “mendacious, tricky and half-hearted”.

The Greens’ women’s spokeswoman Larissa Waters noted the majority of submissions to an inquiry into the bill had called for the positive duty.

The duty exists in work health and safety laws but Ms Jenkins recommended it be added to anti-discrimination laws through an amendment to the Sex Discrimination Act. She told a parliamentary inquiry that current laws had not resulted in employers taking action.

The ACTU accused the government of “gutting” Ms Jenkins’ report. “Today was an opportunity for the Prime Minister to back up all his talk on sexual harassment and change for women. Instead, his government voted to ensure that the responsibility for ending harassment and violence still falls to individual women,” ACTU president Michele O’Neil said.