‘R E S P E C T’- Part 2 – find out what it means…..for women

By Bianca Mazzarella
18 August 2021
As foreshadowed in our previous article, the Federal Government has succumbed to public pressure and taken much needed action to support women who experience miscarriages and gender inequality in the workplace.
On 24 June 2021, the Federal Government introduced the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (‘Bill’) into Parliament.
What proposed changes effect women?
Under the Fair Work Act 2009 (Cth) (‘FW Act’):
- Proposition that the FW Act be amended to enable a miscarriage to be a valid reason for an employee to take up to two (2) days bereavement leave under the National Employment Standards.
Under the Sex Discrimination Act 1984, proposed changes also include:
- A statement in the object clause which states that the Act aims to achieve equality of opportunity between men and women in the workplace;
- a new provision stating that it is unlawful to harass a person on the ground of their sex and not requiring that the conduct be sexual in nature. The new term ‘sex-based harassment’ would be defined as ‘unwelcome conduct of a seriously demeaning nature by reason of the person’s sex in circumstances in which… a reasonable person would have anticipated that the person harassed would be offended, humiliated or intimidated’;
Impact on employers?
Employers need to make sure they follow the progress of the Bill and in anticipation of it being passed ensure they review and update their sexual harassment and gender equality policies and processes associated with grievances and investigations.
Employers must also ensure that workplace policies are communicated via appropriate training sessions to avoid being vicariously liable for an employee’s conduct.
Employers should also be conscious of recent appeal decisions including Golding v Sippel and The Laundry Chute Pty Ltd [2021] ICQ 14 (6 August 2021) which doubled the award for damages on account of sexual harassment and discrimination in the workplace. This decision is one of many which highlights an increase in compensation amounts being awarded.
Please do not hesitate to contact our employment team (Simon Abraham, Amy La Verde, Bianca Mazzarella or Madeline Hearn) if your business needs further guidance or support in relation to gender equality or sexual harassment policies and training.
Related Articles
View AllPsychiatric injury due to prolonged workplace trauma – a warning for employers from the High Court!

By Bianca Mazzarella
27 April 2022
Boosting workplace vaccinations – who needs a third dose?

By Bianca Mazzarella
4 February 2022
Superannuation Increase – Who wears the cost?

By Amy La Verde
25 June 2021
‘R E S P E C T’- find out what it means…..for employers

By Bianca Mazzarella
15 June 2021
Deliveroo decision creates chaos in the ‘Gig Economy’ as law struggles to keep up

By Bianca Mazzarella
4 June 2021
Snap lock down without JobKeeper, what happens now?

By Bianca Mazzarella
28 May 2021
Does anyone other than HR know about your workplace policies?

By Bianca Mazzarella
20 April 2021
When can I direct an employee to get the COVID-19 jab and what can I do if they refuse?

By Bianca Mazzarella
31 March 2021
Can an employer force an employee to get the COVID-19 jab?

By Bianca Mazzarella
29 January 2021
Full Federal Court allows double dipping for casual employees

By Amy La Verde
22 May 2020
Fair Work Commission amends 99 Awards during COVID-19 Pandemic

By Amy La Verde
16 April 2020