Assessing Australia’s Strengthened Stance Against Workplace Sexual Harassment for Charities and NFPs
The rippling effects of workplace sexual harassment extend far beyond immediate circumstances, permeating a corrosive atmosphere that disrupts both the safety and dignity of all involved. The Australian Government, acknowledging the critical need to enhance safe working environments, has fortified the Fair Work Act, effective from 6 March 2023. This legal evolution, particularly vital for the Charity and Not-For-Profit (NFP) sectors, seeks to magnify safeguards against sexual harassment and foster a workplace culture steeped in mutual respect and equality.
With an eye towards offering a more robust defence against workplace-related sexual harassment, the amendments to the Fair Work Act encapsulate a broadened array of professionals under its protective umbrella. Workers, future workers, and those conducting a business or undertaking, irrespective of their official status as employees, contractors, or volunteers, now find themselves under this extended shield. Crucially, the accountability net also widens, enabling a person or company to be held liable for the actions of an employee or agent unless demonstrable evidence of reasonable preventive steps can be showcased.
In a bid to provide a multifaceted approach towards resolving disputes related to sexual harassment, the Fair Work Commission (the Commission) now enjoys augmented powers. The Commission, whilst retaining its pre-existing capabilities to issue 'stop sexual harassment orders', can now manoeuvre through the intricacies of disputes via conciliation, mediation, or even through the issuance of recommendations or opinions. In instances where disputes remain unresolved through the aforementioned channels, and with the consent of the involved parties, the Commission may pivot towards arbitration, potentially culminating in orders related to compensation, remedial actions, or covering of lost wages.
Collectively, the Charity and NFP sector might be anticipated by the community and stakeholders to exemplify leadership in addressing workplace sexual harassment, given their humanitarian goals and objectives. Nonetheless, organisations within this sector are not inherently shielded from issues of this nature simply due to their altruistic purposes and aims. Moreover, it could present challenges for some entities to transition from conventional prohibition and response strategies towards implementing proactive and inventive solutions to tackle this pervasive issue effectively.
Recently NFP Success has worked with customers to develop “Sexual Harassment Prevention Strategies” in our work we have developed preventive measures which may prove useful to your organisation, here are a few ideas to get you started:
-Holistic Policy Development: Crafting policies that clearly articulate an anti-harassment stance in addition to defining reporting mechanisms, and detail repercussions following allegations.
-Ongoing Training: Develop training plans that shifts from one off yearly session to ongoing micro learning sessions.
-Fostering a Proactive Culture: Develop a culture that actively dissuades harassment and promotes an environment of respect and inclusivity using creative and engaging internal marketing campaigns.
-Cultural champions: Implement a cultural change program that is bottom up and seeks to challenge beliefs, customs and bias’.
-Integrated D&I strategy: ensure sexual harassment is part of an overall D&I strategy that seeks genuine inclusivity.
Enhanced protections against workplace sexual harassment, embedded within law, lay down a foundational framework for cultivating work environments that are not only secure but also inherently respectful and equitable. Charities and NFPs, aligning with these new regulations, must take the time to reinvigorate their practices that safeguard every individual within their operational realm into the organisational framework.
