Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694491699387.pdf (Australia)
Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25 Contents Executive summary .

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

3 AHRC Respect@Work Report: National Inquiry into Sexual Harassment in Australian Workplaces .

.

.

.

.

.

.

.

.

.

.

5 The Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 .

.

.

.

5 The Bill: Reforms that have been adopted .

.

.

.

.

.

.

.

.

.


.

.

.

.

.

.

.

.

.

.

.

.

.

.

7 The Bill: Reforms that have been missed and that should be considered .

.

.

.

.

.

.

.

7 Summary .

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.


14 2 CPSU SUBMISSION TO THE SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE INQUIRY INTO THE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25 Executive summary The Community and Public Sector Union (CPSU) is the main union for workers in the Commonwealth (APS), ACT and NT public sectors and other workers including CSIRO, ABC, Australia Post and Telstra .
We are committed to providing a strong voice for our members on work health and safety and industrial matters and key public policy and political debates .

Sexual harassment is a serious work health and safety issue causing physical, psychological, sexual and economic harm to Australian workers .
The pervasiveness of sexual harassment in Australian workplaces was highlighted by the Australian Human Rights Commission’s 2018 survey of our national experience .1 The AHRC’s National Survey of Sexual Harassment revealed over one in three employees in the Australian workforce have experienced sexual harassment, with women experiencing higher rates than men, and other minority groups experiencing ‘intersecting’ forms of discrimination contributing to their experience of sexual harassment .2 Sexual harassment is evident in public sector and private sector workplaces .
The CPSU’s 2021 survey of members reveals 16% of respondents have experienced and 19% have witnessed sexual harassment in their current workplace .

Consistent with broader research, sexual harassment disproportionally but not exclusively affects female employees and those workers facing ‘intersecting’ forms of discrimination .3 There is an urgent need for action from Government, employers and unions to do more to stop sexual violence .
The CPSU with the broader union movement has been calling for stronger and more effective legal and regulatory measures to prevent and address all forms of violence, harassment, discrimination and bullying including sexual harassment and sex-based harassment .

The AHRC released the Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (Respect@Work Report) on 5 March 2020 .
Since its release, CPSU members have repeatedly called on Government to take meaningful action on this serious issue including through March4Justice rallies, #Adoptthe55 social media campaign, open letters and bargaining claims to mitigate risks of sexual harassment and bullying for members in parliamentary workplaces .
We note the current Independent Review into Commonwealth Parliamentary Workplaces by Sex Discrimination Commissioner Kate Jenkins, due to report in November 2021, will provide recommendations to address and prevent sexual harassment, potentially including legal and regulatory reform .

1 2 3 Australian Human Rights Commission, ‘Everyone’s Business: Fourth National Survey on Sexual Harassment in Australian Workplaces’ (2018) .

Ibid .
Ibid .

Community and Public Sector Union (CPSU), ‘Ensuring Safe and Respectful Workplaces Survey: Report on Sexual Harassment’ (April 2021) .
3 CPSU SUBMISSION TO THE SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE INQUIRY INTO THE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25 The CPSU together with the broader union movement has called on Government to adopt the 55 Respect@Work Report recommendations, prioritising the following ‘Safe Work 4 Women’ reforms:4 1 .
Stronger work health and safety laws to make sure that employers are obliged to tackle the underlying causes of sexual harassment at work (Recommendation 35) .

2 .

Better access to justice for workers in our workplace laws by prohibiting sexual harassment in the Fair Work Act (Recommendation 28) and providing a quick, easy, new complaints process, and providing 10 days paid family and domestic leave as a national minimum employment standard .

3 .
3 .

Stronger powers for the Sex Discrimination Commissioner to make her own decisions to investigate industries and workplaces which are rife with sexual harassment, and positive duties on employers to take steps to eliminate sexual harassment (Recommendations 17, 18 and 19) .

4 .

Ratification of the 2019 ILO Convention on the Elimination of Violence and Harassment at Work (Recommendation 15) .
The CPSU recognises the Government’s more recent commitment to the first of the actions above, confirming that it will support amendment of the Model WHS Regulation to deal with psychological health as recommended by the Boland Review and Respect@ Work Report .5 However, the Government’s response to the Respect@Work Report does not address the other key actions above and falls well short of what the Report says is required to eliminate sexual harassment from the workplace .
The CPSU welcomes the positive reforms in the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (the Bill) but notes the Bill in its current form represents a missed opportunity to implement a clear and comprehensive regulatory framework encompassing anti-discrimination, workplace and work health and safety laws to eliminate sexual and sex-based harassment as envisaged by the Respect@Work Report .

The CPSU endorses the ACTU’s submission to this Inquiry .
4 5 www.actu.org.au/media/1449462/safe-work-4-women-joint-statement.pdf Safe Work Australia, Review of model Work Health and Safety Laws Final Report (December 2018), www.safeworkaustralia.gov.

au/system/files/documents/1902/review_of_the_model_whs_laws_final_report_0.pdf .
4 CPSU SUBMISSION TO THE SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE INQUIRY INTO THE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25 AHRC Respect@Work Report: National Inquiry into Sexual Harassment in Australian Workplaces Sexual harassment is a serious workplace issue causing physical, psychological, sexual and economic harm to Australian workers, in particular women .
Recent findings by the Australian Human Rights Commission (AHRC) suggest many Australian employers are failing their workers for their lack of regard and action in respect of this critical issue .
Notably, the Respect@Work Report found Australia’s legal framework for preventing and addressing workplace sexual harassment was ‘simply no longer fit for purpose’, recommending sweeping changes to anti-discrimination, work health and safety and Fair Work legislation .6 The Respect@Work Report recommends a new model to ‘improve coordination, consistency and clarity’ between anti-discrimination, employment and work health and safety legislative schemes .
The new model and reforms take into account the ‘complementary and mutually reinforcing nature of the three schemes’ and their distinctive features .7 Moreover, the Report recommends the legal and regulatory framework must shift from the current reactive model which burdens the individual, to a proactive model requiring positive and preventative measures by employers .8 Given the prevalence of sexual harassment in Australian workplaces, the Report importantly recognised the current shortcomings of the Fair Work Act and the lack of an express prohibition on sexual harassment which ‘does not clearly or specifically provide an enforceable right for victims of sexual harassment in the workplace’ .9 The Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 On 8 April 2021, the Government released its response to the Respect@Work Report in ‘A Roadmap to Respect’ .10 The Government’s ‘Roadmap’ to deal with sexual harassment does not deliver some of the Respect@Work Report’s key recommendations and has 6 Australian Human Rights Commission, ‘Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces’ (2020) (‘AHRC 2020’) .
Respect@Work Report, 10 and 442 .

Ibid .

Ibid, 517 .

7 8 9 10 Attorney General’s Department, ‘A Roadmap for Respect: Preventing and Addressing Sexual Harassment in Australian Workplaces’ (April 2021) .
5 CPSU SUBMISSION TO THE SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE INQUIRY INTO THE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25 been labelled by individuals and groups experienced in women’s rights and gender equity as a missed opportunity for meaningful and effective change .
On 24 June 2021, Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (the Bill) was introduced to Senate .

The Bill implements the Government’s ‘Roadmap’ with amendments to Sex Discrimination Act and Fair Work Act .
Notably, the Bill fails to adopt some of the Respect@Work Report’s most critical recommendations that would place positive obligations on employers to take reasonable steps to prevent sexual harassment and simplify complaints processes, including:  Amendments to the Fair Work Act to expressly prohibit sexual harassment (Recommendation 28)  Ratification of the International Labour Organization’s Convention on the Elimination of Violence and Harassment at Work 2019 (C .190) (Recommendation 15)  Amendment to the Sex Discrimination Act to include a positive duty on employers to take reasonable measures to eliminate sex discrimination, sexual harassment and victimisation (Recommendation 17)  Amendment to the Australian Human Rights Commission Act to allow public interest actions to be brought to court by representative bodies such as unions (Recommendation 23)  Amendment to the Sex Discrimination Act to give the Sex Discrimination Commissioner the power to undertake systemic investigations and undertake compliance monitoring to ensure that industries, organisations or sectors are complying with a new positive duty (Recommendation 18 and 19)  Amendment to the Australian Human Rights Commission Act to ensure costs may only be ordered against a party if the proceedings are vexatious or unreasonable (Recommendation 25) Without the adoption of these important reforms, the Government continues to place the burden on the individual worker to initiate what are often complex and lengthy complaints processes at their own cost and risk .
The Respect@Work recommendations sought to ‘improve coordination, consistency and clarity’ of the Fair Work Act, Sex Discrimination Act and Work Health and Safety Act .

The Bill in its current form does not meet this aim .
6 CPSU SUBMISSION TO THE SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE INQUIRY INTO THE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25 The Bill: Reforms that have been adopted The CPSU supports the following reforms provided by the Bill:  Amendment of the Sex Discrimination Act 1984 to: – Adopt definitions of worker and person conducting a business or undertaking to ensure all workers and workplaces are protected from sexual harassment .
– Clarify that the Sex Discrimination Act extends to judges and members of parliament .

– Remove the exemption of state public servants .

– Ensure ancillary liability also extends to the prohibitions against sexual harassment and sex-based harassment .

– Make it explicit that any conduct that is an offence under section 94 (which prohibits victimisation) can form the basis of a civil action for unlawful discrimination in addition to a criminal complaint .
 Amendment of the Australian Human Rights Commission Act 1986 to: – Extend the President’s discretion to terminate a complaint under the Sex Discrimination Act to 24 months since the alleged unlawful discrimination occurred; rather than 6 months .

 Amendment of the Fair Work Act 2009 to include miscarriage as a permissible occasion for which compassionate leave can be taken .
The Bill: Reforms that have been missed and that should be considered Fair Work Act 2009 A prohibition on sexual harassment The Respect@Work Inquiry found the Fair Work Act does not expressly prohibit sexual harassment, nor does it ‘clearly or specifically provide an enforceable right for victims of sexual harassment in the workplace’ .
As such the Report recommends: The Fair Work system be reviewed to ensure and clarify that sexual harassment, using the definition in the Sex Discrimination Act, is expressly prohibited (Recommendation 28).
7 CPSU SUBMISSION TO THE SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE INQUIRY INTO THE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25 Introduce a ‘stop sexual harassment order’ equivalent to the ‘stop bullying order’ into the Fair Work Act.

This should be designed to facilitate the order’s restorative aim (Recommendation 29).
While the Government agreed to introduce a ‘stop sexual harassment order’ into the Fair Work Act per Recommendation 29, it has not agreed to the key recommendation to explicitly prohibit workplace sexual harassment under the Fair Work Act .
While there are provisions in the Fair Work Act that enable sexual harassment to be raised indirectly, such as general protections against adverse action on the basis of a workplace right and on the basis of sex, the lack of a clear prohibition on sexual harassment means there are gaps and ambiguities in how sexual harassment is dealt with under national workplace laws .
The prevalence of sexual harassment in Australian workplaces highlights the need for a specific prohibition in workplace laws and options to prevent and remedy sexual harassment .

The CPSU supports the extension of the stop bullying regime to sexual harassment matters .

However, we note the stop sexual harassment process will be subject to significant limitations .
An impacted worker will be required to prove the risk of harm is ongoing before they may access the provisions, they must be a current worker and additionally the Fair Work Commission is not able to award monetary compensation .

Due to the limitations of the stop sexual harassment process, it is necessary that there is a clear prohibition on sexual harassment and dispute settlement process in the Fair Work Act available to all workers who seek remedy for current or past sexual harassment .
The Bill should be amended to include a clear prohibition on sexual and sex-based harassment and an effective and accessible dispute settlement process in the Fair Work Act .
The CPSU supports the ACTU’s recommended provisions relating to new prohibitions on sexual and sex-based harassment and an accessible Fair Work Commission process for dealing with sexual harassment and sex-based harassment matters .11 Paid Family and Domestic Violence Leave in the NES The Bill provides an opportunity to amend the Fair Work Act to provide all workers with access to 10 days paid family and domestic violence leave .
We recognise this was not a specific recommendation of the Respect@Work report, however domestic and family violence issues are relevant to the elimination of sexual harassment more broadly .

11 Australian Council of Trade Unions (ACTU), ‘ACTU submission to the Senate Education and Employment Legislation Committee Inquiry into the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021’ (ACTU submission), 10-11 .
8 CPSU SUBMISSION TO THE SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE INQUIRY INTO THE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25 Domestic and family violence, like sexual harassment are symptoms of gender inequality in our workplaces and in our communities .
The current lack of support in the safety net for people experiencing domestic and family violence, which disproportionally impacts women, adversely impacts their safety and economic security .

We note the Fair Work Commission’s current review of paid family and domestic violence leave in Awards, however any decision by the Commission would only directly impact Award-covered employees .
The most effective mechanism to extend family and domestic violence leave and support is by way of the NES which provides broader reach to a more substantial number of workers .

Sex Discrimination Act 1984 Sex Discrimination Act objects The Respect@Work report recommends the Sex Discrimination Act is amended to ensure the objects include ‘to achieve substantive equality between women and men’ (Recommendation 16(a)) .

The Bill in its present form does not align with the recommendation .
Rather the Bill amends the Sex Discrimination Act’s objects to ‘achieving, so far as is practicable, equality of opportunity as between men and women’ .

‘Substantive equality’ and ‘equality of opportunity’ are different concepts .

Substantive equality recognises difference and diversity in the achievement of effective equality of outcomes, while equality of opportunity is concerned simply with ‘formal’ equality or the consistent treatment of women and men .
Such equal treatment in laws and policies pays no regard to the difference and disadvantage experienced by women as compared to men, entrenching systemic gender inequities .

It is critical the gender inequities that exist in our workplaces and society are acknowledged and that we implement proactive measures to enable women to participate more fully in work and society .

The Bill should be amended to adopt the wording as proposed in the Respect@Work Report .
Prohibition on sex-based harassment The Respect@Work Report recommends the Sex Discrimination Act is amended to ensure: Sex-based harassment is expressly prohibited (Recommendation 16(b)) Creating or facilitating an intimidating, hostile, humiliating or offensive environment on the basis of sex is expressly prohibited (Recommendation 16(c)) 9 CPSU SUBMISSION TO THE SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE INQUIRY INTO THE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25 These recommendations are made on the basis that ‘women often experience sexual harassment in conjunction with other sex-based harassment and discrimination because of broader inequality in the workplace’ .12 The Bill expressly prohibits sex-based harassment defined as unwelcome conduct of a ‘seriously demeaning nature’ towards the person harassed .
The CPSU supports the inclusion of an express prohibition on sex-based harassment in Sex Discrimination Act - and the Fair Work Act as discussed above .

The CPSU is concerned the Bill does not pick up recommendation 16(c) .

We note this is a key part of the group of recommendations i .e ., Recommendations 16 (a)-(e) .
We note sexual harassment has been closely linked to gender inequality and is often associated with non-sexual, sex-based discrimination and harassment, such as patronising or hostile behaviours .

While behaviours of this nature may not all be ‘seriously demeaning’ or directed towards specific individuals, their overall or cumulative effect inevitably creates a hostile workplace culture based on sex .
Sexist and hostile work environments are recognised drivers of workplace sexual harassment – and so it is critical both recommendations are adopted .

While WHS laws require employers to implement preventative measures to manage risks of sexual harassment, there is no individual complaints process available under WHS laws .

Hence it is essential that there are consistent and complementary protections under the Sex Discrimination Act and Fair Work Act .
Positive duties The Respect@Work report emphasises the importance of having positive obligations on employers to take proactive and preventative measures in relation to sexual harassment, thereby shifting the burden from the individual and their requirement to make a complaint .13 The Respect@Work report recommends the Sex Discrimination Act is amended to: Introduce a positive duty on all employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible (Recommendation 17).
The CPSU supports the adoption of this recommendation .

The Bill should be amended to introduce a positive duty on all employers .

Such a duty would be consistent with existing duties under WHS laws and improve employer duties relating specifically to sexual harassment, sex discrimination and victimisation, including a requirement to proactively address concerns about gender imbalances at work .

12 Respect@Work Report, 264 .

13 Respect@Work Report, 479 .


10 CPSU SUBMISSION TO THE SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE INQUIRY INTO THE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25 The pending changes to Model WHS regulations on psychosocial hazards must be supported by reforms to the Sex Discrimination and Fair Work Act to ensure the most comprehensive response to workplace sexual harassment .
Enforcement and inquiry powers The Respect@Work report recommended the AHRC ‘should be provided with a broad inquiry function to inquire into issues of systemic unlawful discrimination, including systemic sexual harassment’ .14 Specifically, the Respect@Work report recommends: The Commission be given the function of assessing compliance with the positive duty, and for enforcement.
This may include providing the Commission with the power to: a. undertake assessments of the extent to which an organisation has complied with the duty, and issue compliance notices if it considers that an organisation has failed to comply b. enter into agreements/enforceable undertakings with the organisation c. apply to the Court for an order requiring compliance with the duty (Recommendation 18) The Australia Human Rights Commission Act is amended to provide the Australian Human Rights Commission with broad inquiry function to inquire into systemic unlawful discrimination, including systemic sexual harassment.
The Commission should be given powers to require: a. the giving of information b. the production of documents c. the examination of witnesses with penalties applying for non-compliance, when conducting such an inquiry (Recommendation 19) The Bill does not address the AHRC’s enforcement or inquiry powers with respect to sexual harassment .
The Bill should be amended to provide the AHRC powers to inquire into systemic unlawful sexual discrimination, sex-based harassment, sexual harassment and victimisation, with enforcement mechanisms .

14 Respect@Work Report, 484 .
11 CPSU SUBMISSION TO THE SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE INQUIRY INTO THE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25 The CPSU supports the ACTU’s recommendations regarding the AHRC’s inquiry powers .15 Specifically, the AHRC be provided:  The capacity to undertake systemic investigations – such as in circumstances where there a pattern of discrimination or suspected compliance issues becomes known to the Commission .
 Compliance monitoring – to ensure that industries, organisations, sectors or others are complying with the provisions of a positive duty .

 The AHRC should be empowered to act where it suspects there are significant breaches of federal discrimination law that affect a class of people, without the need for an individual complaint; and in relation to serious matters of public interest relating to sex discrimination, sex-based harassment, sexual harassment and victimisation .
This function should be independently exercised by the Commission .

Australian Human Rights Commission Act Costs protection The Respect@Work report recommends the Australian Human Rights Commission Act 1986 (AHRC Act) is amended to insert a cost protection provision consistent with s .

570 of the Fair Work Act 2009 (Cth) (Recommendation 25) .

The CPSU notes costs operate as a significant disincentive for individual workers to pursue sexual harassment matters under the Sex Discrimination Act .
The Bill should be amended to address the issues raised in the report, i .e ., the AHRC Act is amended to ensure costs may only be ordered against a party by the court if satisfied that the party instituted the proceedings vexatiously or without reasonable cause, or if the court is satisfied that a party’s unreasonable act or omission caused the other party to incur costs .16 Representative claims The AHRC Act enables complaints to be lodged with the AHRC by a person, including representative bodies or a trade union, on behalf of one or more other persons aggrieved by an alleged act of unlawful discrimination .
Where the matter does not resolve at conciliation, representative bodies cannot then commence an action in the federal courts on behalf of the aggrieved person .

15 ACTU submission, 19 .

16 ACTU submission, 19 .


12 CPSU SUBMISSION TO THE SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE INQUIRY INTO THE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25 Under the AHRC Act, s .46PO(1) only an ‘affected person’ may commence action in the federal courts .

‘Affected person’ means a person on whose behalf the complaint was lodged .
As such representative bodies like unions are prevented from bringing an action in the courts despite having pursued the complaint in the AHRC .
The Respect@Work report recommends that: Amendment to the AHRC Act to allow unions and other representative groups to bring representative claims to court, consistent with the existing provisions in the AHRC Act that allow unions and other representative groups to bring a representative complaint to the Commission (Recommendation 23) The Government has rejected this recommendation, noting there is an ‘existing mechanism’ to enable representative proceedings in the Federal Court .
However, the mechanism is onerous and legally complex, it is not fit for purpose for sexual harassment matters .

ILO Convention on Violence and Harassment at Work (C.190) In 2018-19 the International Labour Organisation, together with governments, employers and worker representatives, developed a new international standard to combat violence and harassment in the world of work .
The Australian Government and Australian employer representatives supported the adoption of ILO Convention C .190 (and supporting Recommendation No .

206) recognising every worker’s fundamental right to be free from all forms of violence and harassment, including gender-based violence and harassment .

ILO Convention C .190 emphasises the importance of positive employer obligations to prevent violence and harassment in the workplace .
As such, C .190 obliges States to adopt laws to require employers to take steps, commensurate with their degree of control, to prevent workplace violence and harassment .

This includes identification of hazards, assessment of risks and implementing relevant controls in consultation with workers and their representatives .

The Respect@Work Report expressly supports the ILO Convention C .
190 approach and cites the Report’s recommended regulatory model to be consistent with ILO Convention 190 and its accompanying Recommendation’ .

The Respect@Work Report recommends the Government ratify ILO Convention 190 (Recommendation 15) .

It is disappointing the Government has not yet accepted this recommendation .
13 CPSU SUBMISSION TO THE SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE INQUIRY INTO THE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25 Summary While the CPSU welcomes the positive reforms in the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021, we note the Bill in its current form represents a missed opportunity to implement a clear and comprehensive regulatory framework to eliminate sexual and sex-based harassment as envisaged by the Respect@Work Report .
The Bill’s limited reforms will continue to burden the individual worker to raise complaints and initiate what are often complex and lengthy complaints processes at their own cost and risk .

The Respect@Work recommendations sought to ‘improve coordination, consistency and clarity’ of the Fair Work Act, Sex Discrimination Act and Work Health and Safety Act .

The Bill in its current form does not meet this aim .
The Bill should be amended to implement the following Respect@Work recommendations:  Amendments to the Fair Work Act to expressly prohibit sexual harassment (Recommendation 28)  Ratification of the International Labour Organization’s Convention on the Elimination of Violence and Harassment at Work 2019 (C .190) (Recommendation 15)  Amendment to the Sex Discrimination Act to include a positive duty on employers to take reasonable measures to eliminate sex discrimination, sexual harassment and victimisation (Recommendation 17)  Amendment to the Australian Human Rights Commission Act to allow public interest actions to be brought to court by representative bodies such as unions (Recommendation 23)  Amendment to the Sex Discrimination Act to give the Sex Discrimination Commissioner the power to undertake systemic investigations and undertake compliance monitoring to ensure that industries, organisations or sectors are complying with a new positive duty (Recommendation 18 and 19)  Amendment to the Australian Human Rights Commission Act to ensure costs may only be ordered against a party if the proceedings are vexatious or unreasonable (Recommendation 25) 14 CPSU SUBMISSION TO THE SENATE EDUCATION AND EMPLOYMENT LEGISLATION COMMITTEE INQUIRY INTO THE SEX DISCRIMINATION AND FAIR WORK (RESPECT AT WORK) AMENDMENT BILL 2021Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021Submission 25