Bill puts onus on bosses over sexual harassment

Employers must proactively ensure a workplace is safe, rather than simply respond to sexual harassment complaints, under new legislation.

Sex Discrimination Commissioner Kate Jenkins. Picture: Tony Gough

Employers must proactively ensure a workplace is safe, rather than simply respond to sexual harassment complaints, under new legislation that passed through the lower house.

Labor pledged ahead of the May election to implement all recommendations of Sex Discrimination Commissioner Kate Jenkins’s Respect at Work report, and tabled legislation to enact it on Monday.

The legislation – due to go to the Senate later this month – will put a “positive duty” on employers to take “reasonable and ­proportionate” measures to ­create an environment free of ­discrimination and harassment, as well as giving the Australian Human Rights Commission new powers to enforce that positive duty.

The former government was more cautious over the proposed positive duty, after business groups raised concerns at the measure, given the extra regu­latory burden it would put on ­employers.

The Australian Chamber of Commerce and Industry in 2021 said such measures could ­“detract” rather than “advance” the prevention of sexual harassment, with the risk of presenting businesses with “overlapping ­obligations”. ACCI chief executive Andrew McKellar said the peak body would carefully ­observe the implementation of the bill.

“It will be necessary that employers understand their new obligations under this legislation,” Mr McKellar said.

Anthony Albanese said the passage of the bill would “move Australia forward” in efforts to prevent sexual harassment in the workplace.

“Let’s make these changes and move forward with our national story,” the Prime Minister said when he presented the bill on Monday.

“We must never accept sexual harassment as either inevitable or unavoidable. It is anything but.”

Only one amendment was put to parliament and passed. It was presented by independent MP Dai Le ensuring guidelines and other materials were made ­available in “multiple languages” and for “cultural diversity” to be achieved in workplaces.

“It’s important that we include both workers and employers from culturally diverse backgrounds, so they have the opportunity to take part in creating a safer and more respectful workplace,” Ms Le said.

“Legislators must keep multicultural Australia in mind, and I’m proud to be a champion for this.”