1.1
On 24 June 2021, the Senate referred the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (the bill) to the Education and Employment Legislation Committee for inquiry and report by 6 August 2021.
Purpose of the bill
1.2
The bill seeks to amend the Australian Human Rights Commission Act 1986 (the AHRC Act), Sex Discrimination Act 1984 (the SD Act) and the
Fair Work Act 2009 (the FW Act) to strengthen and streamline the national frameworks for preventing and addressing workplace sexual harassment.
The bill would:
amend the object clause of the SD Act to make it clear that the Act aims to achieve, so far as practicable, equality of opportunity between men and women;
amend the SD Act to insert a new provision to provide clarity around the circumstances in which sexual harassment and harassment on the ground of sex is unlawful in the workplace;
more closely align protections in the SD Act with the Work Health and Safety Act 2011 to ensure all paid and unpaid workers are protected from sexual harassment;
clarify that all members of parliament, judges and staff of parliamentarians at all levels of government are covered by the SD Act, including state and territory public servants;
amend the SD Act to clarify that victimising conduct can form the basis of a civil action for unlawful discrimination;
clarify that a worker who is sexually harassed at work may apply to the Fair Work Commission for an order to stop the harassment;
amend the FW Act to inform readers that sexual harassment can be conduct amounting to a valid reason for dismissal in determining whether a dismissal was harsh, unjust or unreasonable;
amend the AHRC Act to extend the discretion of the President of the Australian Human Rights Commission to terminate a complaint under the SD Act on the grounds of time from six months to 24 months; and
extend the existing entitlement to companionate leave in the FW Act to enable an employee to take compassionate leave if they, or their spouse or de facto partner, has a miscarriage.
Conduct of the inquiry
1.3
In accordance with its usual practice, the committee advertised the inquiry on its website and wrote to relevant individuals and stakeholders inviting submissions by 9 July 2021.
1.4
The committee received 55 submissions which are listed at Appendix 1. The public submissions are available on the committee's website.
1.5
The committee also held two public hearings on 19 and 20 July 2021 in Canberra. A list of the witnesses who gave evidence at these hearings is listed at Appendix 2.
Structure of the report
1.6
This report comprises three chapters. Chapter 2 outlines the key aspects of the bill and provides background information. Chapter 3 examines the principal issues raised by stakeholders and sets out the committee view.
Notes on references
1.7
References to the committee Hansard transcripts in this report are to the proof Hansard; page numbers may vary between the proof and official Hansard transcripts.
Acknowledgements
1.8
The committee thanks those individuals and organisations who contributed to this inquiry by preparing written submissions and giving evidence at the public hearings.