Statement - Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022

25 November 2022

 

Once again I find myself following Senator Waters on a topic in which I think we find much overlap in our views and beliefs. I thank you for your contribution and the contribution of others today. I'm also rising to speak to the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022. Bringing this bill to us today is a landmark moment. It marks a significant step in fulfilling our election commitment to implement the recommendations of the Respect@Work report. I am deeply proud to be part of a government which is taking these issues seriously, which is backing up the report recommendations with a bill before us today, and I'm delighted to have an opportunity to contribute to the debate.

The bill before us will place a positive duty on employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation as far as possible. It will expressly prohibit conduct that results in a hostile workplace environment on the basis of gender. It will ensure Commonwealth public sector organisations are also required to report to the Workplace Gender Equality Agency on its gender equality indicators. I note the government amended the bill in the other place to make it clear that duty-holders are required to take reasonable and proportionate measures to eliminate as far as possible third parties, such as customers, subjecting their employees to sexual and sex-based harassment. It will also provide the Australian Human Rights Commission with new powers to enforce the positive duty and help make sure employers are fulfilling their obligations. This means that in industries like retail and hospitality, where workers are already at risk of harassment by customers, due to the front-facing nature of their roles, employers under this legislation will be required to take measures to protect their staff.

I acknowledge the work of Sex Discrimination Commissioner Kate Jenkins and the commission in producing this landmark report and the work done since to implement the report's recommendations, including through the Respect@Work Council. As the Attorney-General acknowledged in his speech to the House, this bill would not have happened without the individuals and organisations who contributed their stories, their advocacy and their expertise to inform the findings and the recommendations in the Respect@Work report. They too should be proud of the bill which is before us today.

Every Australian has the right to feel safe and respected at work, no matter their gender, age, race or religion. The national inquiry into sexual harassment in Australian workplaces found that one in three people had experienced sexual harassment at work in the preceding five years, with women experiencing higher rates of harassment than men. Aboriginal and Torres Strait Islander Australians, members of the LGBTQI+ community and people with disability are, on average, more likely to experience workplace sexual harassment. Workers, no matter where they work, deserve to go to work each day without fear of being harassed, and the perpetrators of harassment must be held to account.

This bill provides a framework for holding workplaces and communities accountable for failures to tackle harassment that occurs under their watch—well overdue. This framework is especially important in industries where workers are at higher risk of harassment and abuse, like retail and hospitality. A survey conducted by the Human Rights Commission and the retail workers union, the SDA, in 2019 showed that 42 per cent of all survey respondents had experienced sexual harassment in the previous five years. For women, it was even higher, with 46 per cent of the women who participated in the survey reporting sexual harassment. And for young women, it is higher again, with 51 per cent of members aged 15 to 17 years having experienced sexual harassment at work. The harassment came from customers, managers, peers and business owners. They are shocking statistics that speak to a workplace culture that has to change.

I remember being one of those statistics as a young retail and hospitality worker. You never forget it. You never forget the feelings that start with embarrassment and awkwardness, which grow into a sense of discomfort and then fear about heading back into your workplace. From the decisions you have to make about whether to seek another job, whether there is another job available, that anxiety keeps you up at night because you do not want to go back to work tomorrow because you know the harassment that you will experience and endure. No-one should have to endure it.

This bill represents a paradigm shift in how public policy and the legislative framework will support those in our community experiencing sexual harassment and discrimination at work. It says loudly and clearly to all workers that they deserve to be safe at work. Change is hard but it is essential, because sexual harassment, just like violence, is not inevitable; it can be prevented. In this bill, we are taking steps to deliver change. I commend the bill to the Senate.