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Respect@Work

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Respect@Work
NameRespect@Work
TypeInquiry/Report
CountryAustralia
Established2020
ChairSex Discrimination Commissioner
LanguageEnglish

Respect@Work Respect@Work was a national inquiry and report addressing workplace sexual harassment in Australia. Chaired by the Sex Discrimination Commissioner and commissioned during the administration of Prime Minister Scott Morrison, the report examined practices across public and private sectors and proposed reforms intersecting with institutions such as the Fair Work Commission, Australian Human Rights Commission, and state tribunals. It drew on submissions from corporations, unions, universities, and advocacy groups including Australian Council of Trade Unions, Business Council of Australia, and Human Rights Law Centre.

Background and origin

The inquiry was initiated following high-profile allegations and movements that implicated entities like News Corporation, Nine Entertainment Co., Qantas, Commonwealth Bank of Australia, and cultural institutions such as the National Gallery of Australia and Sydney Opera House. Its origin was influenced by global movements and events including the #MeToo movement, televised royal commissions such as the Royal Commission into Institutional Responses to Child Sexual Abuse, and parliamentary inquiries like the Joint Select Committee on Workplace Sexual Harassment. Prominent individuals and institutions referenced in submissions included figures associated with Australian Broadcasting Corporation, ABC, corporate leaders from Westpac Banking Corporation, ANZ Banking Group, and union officials from the Construction, Forestry, Mining and Energy Union.

Scope and objectives

The mandate covered industries from academia—where universities such as the University of Sydney, University of Melbourne, Monash University, and Australian National University featured prominently—to performing arts organisations like the Melbourne Theatre Company, Sydney Festival, and Australian Ballet. Objectives included assessing legal frameworks involving the Sex Discrimination Act 1984, interactions with employment dispute mechanisms like the Fair Work Act 2009 and tribunals such as the Federal Circuit and Family Court of Australia, and institutional governance in corporations listed on the Australian Securities Exchange. The inquiry sought input from advocates tied to Equality Rights Alliance, survivors represented by organisations akin to the Edna Ryan Awards nominators, and professional bodies such as the Law Council of Australia and Australian Medical Association.

Legislative and policy responses

Recommendations prompted legislative proposals engaging lawmakers in the Parliament of Australia, committees such as the Senate Select Committee on Work, Health and Safety, and ministers in the Attorney-General's Department and Treasury. Policy shifts referenced international frameworks like the Convention on the Elimination of All Forms of Discrimination Against Women and engaged regulators including the Australian Securities and Investments Commission and the Australian Prudential Regulation Authority for corporate governance. State and territory responses involved bodies such as the Office of the Director of Public Prosecutions in New South Wales, Victorian agencies including WorkSafe Victoria, and reforms in jurisdictions that involve courts like the High Court of Australia.

Key findings and recommendations

The report highlighted systemic issues across sectors represented by employers such as Telstra Corporation Limited, BHP Group Limited, Rio Tinto, and education providers including TAFE NSW and private providers. Key recommendations called for amendments to the Sex Discrimination Act 1984, enhanced complaint pathways via institutions like the Australian Human Rights Commission, strengthened whistleblower protections referencing mechanisms used by the Australian Securities Exchange-listed firms, and workplace standards akin to codes from the International Labour Organization and corporate frameworks modelled by United Nations Guiding Principles on Business and Human Rights.

Implementation and impact

Implementation involved collaboration with regulators, peak bodies like the Australian Industry Group, professional associations including the Australian Council of Social Service, and unions such as the Australian Education Union. Several universities—University of Queensland, University of Western Australia—and corporations including Commonwealth Bank, Westpac, and media organisations adjusted policies, training programs, and reporting mechanisms. Impact assessments engaged researchers from institutions like Griffith University, Deakin University, University of New South Wales, and think tanks such as the Lowy Institute and Grattan Institute.

Criticism and controversies

Critics included commentators tied to outlets such as The Australian, The Sydney Morning Herald, The Guardian (Australia), and public figures who argued about procedural fairness, scope, and remedies. Controversies invoked comparisons with inquiries like the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry and disputes involving media proprietors with affiliations to Rupert Murdoch-owned entities. Debates also referenced tensions between regulatory approaches exemplified by ASIC enforcement and restorative practices advocated by survivor groups associated with organisations like Rape & Domestic Violence Services Australia.

International influence and comparisons

The inquiry was compared to international efforts and institutions including the Equal Employment Opportunity Commission in the United States, the Equality and Human Rights Commission in the United Kingdom, and national responses in Canada involving bodies like the Canadian Human Rights Commission. Comparative examples invoked corporate governance reforms after scandals at firms such as Uber Technologies, Google LLC, Fox Corporation, and responses in countries impacted by #MeToo movement activism in places like France, Sweden, Japan, and South Korea. International standards from entities like the International Labour Organization and the United Nations Human Rights Council informed comparative legal analysis and policy transfer.

Category:Australian public inquiries