Workplace sexual harassment is prohibited under the Fair Work Act from 6 March 2023, and Safe Work Australia’s Managing psychosocial hazards at work Code of Practice (July 2022) expects workplaces to protect their workers mental health. Do you know what this means for your organisation?

The FairWork website provides an overview of the recent changes to Australian workplace laws – this is a great place to start Secure Jobs, Better Pay: changes to Australian workplace laws - Fair Work Ombudsman. There are a few changes to be aware of but the ones I am most focused on are the changes to the protected attributes and sexual harassment. Changes to the protected attributes refers to the addition of breast feeding, intersex, and gender identity to the Fair Work Act, these attributes are already included in the Tasmanian Anti-Discrimination Act 1998 and it’s great to see them recognised Federally.

Changes to sexual harassment legislation mean that organisations now have a positive duty of care to take all reasonable steps to eliminate sexual discrimination, sexual harassment, and victimisation. This duty of care was already expected but there is now a lower threshold for what may constitute sexual harassment and the term ‘hostile work environment’ is now used.

To meet your FairWork requirements and keep your organisation compliant and safe you should ensure that ALL your leadership teams and staff are educated as to what maybe sexual harassment, what may constitute a hostile workplace environment, how to take action, and their rights and responsibilities.

Safe Work Australia’s Managing psychosocial hazards at work Code of Practice model_code_of_practice_-_managing_psychosocial_hazards_at_work_25082022_0.pdf (safeworkaustralia.gov.au) states that employers must be proactive about prevention and that they have an obligation to take all reasonable steps to manage psychosocial hazards and risks. This requires an understanding of hazards and risks (and of the difference between a hazard and a risk) and thorough consultation with employees

To meet the requirements of Safe Work Australia’s Managing psychosocial hazards at work Code of Practice and keep your organisation compliant and safe you should ensure that ALL your leadership teams and staff are educated as to their rights, responsibilities, and obligations in this space. You should be regularly consulting with your people and have an active psychosocial risk injury prevention plan.

Please get in touch, Respect at Work training can assist you to understand and meet these workplace requirements.