Recent media coverage has shed light on the damaging consequences of unlawful workplace behaviours across Australia. It is evident that many organisations are grappling with the legal and financial impact, as well as direct consequences on brand reputation, employee wellbeing, and productivity.
However, I believe this dark cloud has a silver lining. These stories, while unsettling, have sparked a national conversation about the urgent need for change. Many organisations have already taken proactive steps to help change the narrative.
In this blog, I encourage more organisations and leaders to consider the opportunities presented by positive shifts in workplace behaviour legislation; to ensure that their workplaces are not only compliant with the law but are also thriving, inclusive, and collaborative environments. It’s better for people and business.
The Legislative Landscape: A Catalyst for Change
Australia’s evolving workplace behaviour legislation is a testament to the country’s commitment to change for the better. Recent amendments to the Fair Work Act and the introduction of the Positive Duty in the Respect at Work Act are catalysts for a cultural shift within organisations.
These changes present a pivotal moment for leaders to reflect on their workplace culture and take proactive steps to ensure it aligns with the new standards. Unlike previous legislation, which often relied on individuals to report incidents, the Positive Duty mandates that employers must actively foster a respectful and inclusive workplace environment. It’s a big shift from reactivity to proactivity.
While some may consider the added compliance requirements as an imposition, perceptive leaders will embrace the opportunity to review, reset, and revive their workplace culture.
Voices in Support of the New Legislation
Many experts and business leaders have voiced their support for significant changes initiated by the Respect at Work Act.
Kate Jenkins, Australia’s former Sex Discrimination Commissioner, stated, “The Respect at Work Act is a crucial step in ensuring that all workplaces are safe and respectful. By implementing a positive duty, we are shifting the responsibility from individuals to employers, which is where it belongs.”
One of our clients, Guilford Grammar School, is a great example of harnessing workplace legislation to achieve positive outcomes. “Compliance with the Respect at Work Act is not only a legislative requirement, but also the right thing to do” says Gareth Spence, Director of Human Resources. “As responsible employers and good citizens we should be doing everything in our power to ensure that workplaces are not only safe from discrimination and harassment, but provide a diverse inclusive culture that staff want to be part of.”
Reviewing the Status Quo
The first step in leveraging these legislative shifts is to conduct a thorough review of the current workplace culture. This involves more than just ticking boxes on a compliance checklist; it requires an honest assessment of how employees feel, how they are treated, and whether the workplace is safe for all.
Are there existing policies and procedures that need to be updated? Are employees aware of their rights and the avenues available to them if they experience or witness unlawful behaviour? By asking these questions, organisations can identify areas that need improvement and develop a roadmap for change.
Resetting the Workplace Culture
Once the review is complete, the next step is to reset the workplace culture. This means implementing policies and procedures that not only comply with the new legislation but also promote a culture of respect, inclusion, and accountability.
Leadership plays a crucial role in this process. By role modelling the behaviour they expect from others, they can set the tone for an environment where employees feel respected, safe and valued. This might involve training all managers and employees on topics such as unlawful workplace behaviours, unconscious bias, communication, and conflict resolution, as well as establishing clear procedures for reporting and addressing incidents of unlawful behaviour.
Reviving the Workplace
A clear review and reset strategy will help revive the workplace culture, ensuring that it is dynamic, positive, and resilient. This involves fostering a sense of belonging among employees, encouraging open dialogue, and celebrating diversity.
A revived workplace culture is one where employees feel empowered to speak up, where differences are embraced, and where everyone is committed to upholding the values of respect and inclusion. It’s about creating a workplace that not only meets legal standards but exceeds them, setting a new benchmark for excellence.
As is evident, recent changes in Australia’s workplace behaviour legislation place greater responsibility on employers. They can either risk the consequences of non-compliance or reap the rewards of enhanced employee wellbeing and productivity. I strongly believe that employers who perceive the positive duty as a strategic advantage can build stronger, more productive organisations. They will likely find themselves ahead of the curve with a safer, more respectful and dynamic workplace culture.
At EEO Specialists we support organisations in the workplace behaviour and compliance space. We’ve responded to the recent negative commentary around unlawful workplace behaviours by creating an innovative ‘Workplace Culture Review Pack’ to help organisations along this important journey.
Contact me if you would like to have a confidential discussion about how we can work together to enable safer, more respectful workplaces.
——————————————————————————————————————————————————————————————————————————————-
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.
