Unions push for change on sexual harassment

Workers should be given the right to pursue sexual harassment complaints through the Fair Work Commission, unions say.

ACTU Secretary Sally McManus. Picture: AAP

Workers should be given the legal right to pursue sexual harassment complaints through the Fair Work Commission under proposed changes to federal workplace laws.

Unions, welfare groups, health professionals and lawyers are among 90 organisations calling for changes to the Fair Work Act in a joint submission to the national ­inquiry into workplace sexual harassment.

The Australian Council of Trade Unions argues the current complaint processes have failed ­employees who have been sexually harassed at work.

Alleged victims are required to take court action as an individual worker against a corporate respondent.

Unions argue the process is ­expensive, protracted, invasive and often leads to “re-victimising” a worker who had already experienced sexual harassment.

The submission to the inquiry says establishing an efficient and effective complaints process through the Fair Work Commission would allow workers to go the workplace umpire without needing to take federal action against a corporation.

It calls for an extension of time limits for making claims and increased transparency of conciliation outcomes where appropriate.

The submission says there should be stronger and clearer legal duties on employers to take proactive steps to prevent sexual harassment at work, and strong and effective regulators should have the full suite of regulatory tools and resources necessary to effectively tackle sexual harassment.

It says the changes would ­address the unique barriers that currently prevent workers who ­experience sexual harassment from taking effective legal action.

“Everyone deserves to be safe at work and in their community,’’ the submission says.

“Yet the rates of sexual harassment in Australia are alarming, particularly for women, with 85 per cent having experienced it in their lifetime.

“Sexual harassment is about more than just individual behaviour. It is a problem that is deeply entrenched within our society and occurs because gender inequality is ingrained in our social and cultural norms, structures and practices.”

“It’s time that employers and workplaces stamp out sexual harassment.

“Sexual harassment causes significant harm to individuals, workplaces and society.”

As well as unions, organisations making the submission include the Australian Council of Social Services and the Federation of Community Legal Centres.

An ACTU survey of 7500 people last year found 60 per cent of women and 35 per cent of men said they had been sexually harassed at work. Less than half of those said they reported the incident.

Forms of harassment included crude or offensive behaviour, unwanted sexual attention, inappropriate physical contact, and harassment on social media.