SafeWork NSW issues over 700 non-compliance notices
A recent compliance blitz by SafeWork NSW has resulted in 736 non-compliance notices and fines amounting to $63,300 being issued to employers across NSW.
One of SafeWork’s current regulatory priorities is psychosocial risks at work, including sexual harassment. Inspectors carried out 228 psychosocial checks throughout the blitz, which included targeted conversations with employers and workers around psychosocial hazards and steps taken to eliminate or reduce these risks. It is unknown how many of the non-compliance notices and fines (if any) were issued in relation to psychosocial hazards.
Restricting NDAs in workplace sexual harassment cases
The Victorian Government has announced that they will introduce the Restricting Non-disclosure Agreements (Sexual Harassment at Work) Bill 2025 to stop the practice of using NDAs to silence victims of sexual harassment in workplaces. The bill prohibits employers from pressuring or influencing an employee to sign an NDA unless requested by a complainant. It also includes:
- Mandatory requirements for information statements and a 21-day cooling off period before an employee signs an NDA.
- Allowing an employee who has entered an NDA to talk to certain people and bodies such as police, and medical and legal professionals.
- Allowing an employee to waive confidentiality after 12 months.
The bill follows recommendations to restrict the use of NDAs from Victoria’s Ministerial Taskforce on Workplace Sexual Harassment in 2022 and the Australian Human Rights Commission (AHRC) in June this year. The AHRC found that strict NDAs continue to be overused in the resolution of workplace sexual harassment matters and tend to protect organisations and harassers rather than victims. Sex Discrimination Commissioner Dr Anna Cody said that employers should be prepared to talk about sexual harassment as part of their positive duty to eliminate it.
Restricting the use of NDAs will encourage transparency and represents a positive step toward ending sexual harassment in workplaces.
New protections for hospitality workers
The NSW government has introduced reforms to parliament which will make it easier to remove individuals from the industry and cancel or suspend the liquor licences of venues who promote a culture of inappropriate behaviour.
The grounds for cancelling or suspending a liquor licence are being expanded to include where a licensee has failed to address or prevent a significant risk to the safety of staff or patrons, including by not preventing the risk of sexual assault. The reforms will also make it easier to revoke the Responsible Service of Alcohol (RSA) card of any individual who has engaged in harmful behaviours, including sexual assault.
Earlier this year, the NSW Government introduced specialised sexual harassment and sexual violence prevention training as a part of mandatory RSA and licensee training. Licensee training has also been updated to reflect employers’ obligations under the Federal Government’s Respect@Work legislation, which requires businesses to take proactive steps to prevent workplace sexual harassment.
Calls for national inquiry into racism in workplaces
Australia’s Race Discrimination Commissioner, together with leaders, academics and advocates across Australia, is calling for a national inquiry into racism in Australian workplaces. The group is advocating for an inquiry to examine barriers to employment faced by First Nations people and other marginalised communities.
It will also explore strategies to address growing reports of systemic discrimination, exploitation and hostility in workplaces targeting these communities. Sivaraman stated that “racism in the workplace is not just a personal injustice – it’s a national issue that undermines safety, wellbeing, fairness, opportunity, and productivity”.
Safety is a barrier to gender equality at work
New research from the University of Sydney Business School provides a comprehensive national snapshot of gender equality at work for the past 10 years.
Measured against seven dimensions to produce a score out of 100, the Gender Equality@Work Index demonstrates that overall gender equality has improved by just three points between 2014-2024, from 80 to 83.
The research demonstrates that safety is the sole area in which equality has gone backwards over the last 10 years, with women experiencing significantly higher rates of workplace sexual harassment and other causes of psychological injury compared to men. This undercuts progress made in other dimensions. The index also shows that Australia performs poorly on gender segmentation of work, with Australia’s workforce remaining deeply divided along gender lines.
Insurance brokers suffering stress and burnout
The latest Insurance News Wellbeing Survey finds that insurance brokers are suffering burnout and seeking professional help to manage stress.
The respondents disclosed that their wellbeing was “extremely” or “very” affected by excessive workloads (62%), poor-performing technology (47%), and imparting bad news to claimants (26%). The study also found that:
- 77% experienced burnout during the previous year
- Over 50% said leadership could do more to support staff mental health, such as education on managing work stress
- More than 100 brokers said they sought professional help to manage their mental wellbeing
- 22% experienced bullying at work
- Only 12% said they never dealt with aggressive customers
Respondents also indicated cultural issues within the insurance industry. They described it as a “club for blokes” where women are not afforded the same opportunities and pay as men.
Public servant loses unfair dismissal for poor performance
A long-serving Services Australia employee has lost her unfair dismissal claim as the Fair Work Commission (FWC) found that repeated performance deficiencies justified her termination.
Performance concerns first arose in late 2023, prompting a 15-month performance management process. Despite being moved to a plan with reduced performance expectations, the worker’s results did not improve. In mid-2024, she was placed on a final performance plan warning that failure to meet targets could lead to dismissal. Following a final assessment, her supervisor recommended termination.
The FWC acknowledged that losing her job after nearly three decades would be “life changing” but concluded that Services Australia had a valid reason for dismissal and had afforded the worker procedural fairness.
Sexual harassment of worker’s partner results in dismissal
A mine operator challenged his dismissal before the FWC after being terminated following confrontations with a colleague. He argued that he was acting as an “active bystander” to prevent the workplace sexual harassment of his partner.
In early 2024, he raised concerns with supervisors about his partner allegedly being sexually harassed, but no action was taken. The worker later confronted two colleagues verbally, after which the employer commenced termination proceedings, citing aggressive behaviour.
The FWC accepted that the worker was genuinely distressed about the alleged harassment but found insufficient evidence that he had behaved aggressively or in an intimidating manner. It determined that the employer did not have a valid reason for dismissal and that the termination was harsh, unjust, and unreasonable.