Workplace behaviour legislation has changed more in the past two years than the previous two decades. The Respect at Work Act recently introduced a pivotal concept: Positive Duty, which places responsibility on employers to prevent unlawful workplace behaviours.
This is a significant shift away from reacting to unlawful behaviours – to preventing them from occurring in the first place. Employers and leaders are at risk of secondary or vicarious liability if they are found to have breached the legislation. The Australian Human Rights Commission (AHRC) now has the authority to audit organisations even if no complaints have been submitted.
Positive Duty is not just about writing policies and providing workplace behaviour training to all staff. The AHRC’s audit will also consider continuing measures an organisation has taken to maintain a safe and respectful workplace.
In this blog, we explore why it’s best to consider Positive Duty as a marathon rather than a sprint.
Understanding Positive Duty
Positive Duty mandates employers to take reasonable and proportionate measures to prevent and eliminate unlawful workplace behaviours such as harassment, discrimination, and bullying. This duty extends beyond reactive measures; it necessitates a proactive and preventive approach. Employers must not only respond to incidents but also create an environment where such behaviours are unlikely to occur.
Getting on Track
The first steps in complying with the Positive Duty are relatively straightforward:
- Policy Updates: Revise workplace policies to ensure they reflect current legislation and best practice.
- Procedure Implementation: Establish clear procedures for reporting and addressing incidents of unlawful behaviour.
- Organisation-wide Training: Provide regular workplace behaviour training for all managers and employees.
These steps are crucial to set the pace for the marathon of compliance.
Continuous Improvement
Achieving compliance with the Respect at Work Act is an ongoing process that requires a marathon mindset:
- Regular Communication: Continuous communication about workplace behaviour expectations. This includes regular reminders about policies, updates on legislative changes, and open discussions about workplace culture.
- Ongoing Education: Regular, updated training helps reinforce concepts and adapt to new developments. This could include refresher courses, scenario-based learning through toolbox talks, and workshops that encourage active participation.
- Monitoring and Assessment: Periodical assessment of how it is going is essential to identify gaps and areas for improvement. This can be achieved through surveys, feedback sessions, and audits.
- Culture of Respect: Compliance is not just about mitigating legal risks; it’s about fostering a positive and respectful workplace culture. This involves leading by example, recognising and rewarding positive behaviour, and addressing issues promptly and effectively.
- Employee Involvement: Encouraging input, involving them in decision-making, and empowering them to act as champions of positive behaviour helps build a collective sense of responsibility.
Like any marathon, the journey to workplace behaviour compliance can be challenging. Employers may face resistance to change from their staff, difficulty in maintaining engagement, and the complexity of staying up to date with evolving laws and best practices. However, these challenges can be overcome with a strategic and sustained approach.
The Long-Term Benefits
While the journey may be long and demanding, the benefits of treating workplace behaviour compliance as a marathon are substantial:
- Legal Protection: Continuous compliance efforts reduce the risk of legal issues and the associated costs.
- Employee Satisfaction: A respectful workplace enhances employee morale, engagement, and retention.
- Reputation: A commitment to a positive workplace culture boosts the organisation’s reputation, attracting talent and fostering trust among clients and partners.
- Productivity: A safe and respectful work environment leads to higher productivity and overall organisational success.
At EEO Specialists we support our clients on the compliance marathon by providing a wraparound service from writing legally sound policy and procedure documents, to rolling out engaging training (both in-person and online) and providing ongoing support via the EEO Compliance Hub which includes valuable resources such as a Risk Audit Tool, legislative overviews, toolbox talks, notices and posters, training summaries, fact sheets and video blogs.
Contact me if you would like to have a confidential discussion about workplace behaviour training and compliance.
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The author, Franca Sala Tenna, is a lawyer and acknowledged workplace behaviour and compliance expert. She is also the Founder & Director of EEO Specialists, and Online Compliance Training Australia.