❓ The Minister outlines legislative changes, including the Industrial Relations Amendment Bill 2021, to address workplace bullying and sexual harassment, and discusses ongoing reviews and codes of practice to improve worker wellbeing and safety.
AnsweredQoN 410Legislative Assembly
QuestionView source ↗
WORKPLACE HEALTH AND SAFETY
410. Ms C.M. COLLINS to the Minister for Industrial
Relations:
I
refer to the McGowan Labor government's commitment to supporting the
health and safety of all Western Australian workers. Can the minister
update the house on how the government is promoting the wellbeing of workers
and strengthening protections against workplace bullying and sexual harassment?
410. Ms C.M. COLLINS to the Minister for Industrial
Relations:
I
refer to the McGowan Labor government's commitment to supporting the
health and safety of all Western Australian workers. Can the minister
update the house on how the government is promoting the wellbeing of workers
and strengthening protections against workplace bullying and sexual harassment?
AnswerView source ↗
I thank the member very much. I appreciate
the question. I know the member's deep interest in advancing the rights
of working people.
I am pleased to say that this
government has put through Parliament and brought into law the Industrial
Relations Amendment Bill 2021, one component of which is to provide
jurisdiction to the Western Australian Industrial Relations Commission to
address workplace bullying and sexual harassment for all employees covered by
the state industrial relations system. This is an important reform. It mirrors
provisions in the Fair Work Act. It makes it clear
that 85 per cent of businesses in Western Australia—employers and
employees in Western Australia's private sector workforce—are
covered by the federal Fair Work Act, which includes all workers in the mining
and oil and gas industry. But we want to provide benefits and protections for
workers for whom we have responsibility in small businesses, so we have
included in the legislation a provision that allows workers who suffer from
workplace bullying and sexual harassment the opportunity to take that matter to
the state Industrial Relations Commission. The legislation also provides for
five days' unpaid family and domestic violence leave. We note that the
Fair Work Commission has now awarded a superior entitlement, and we are
committed now to go back and examine whether we can improve on the provisions
in this new legislation. I have asked my agency to consider whether it should
be done by general order. As minister, I have a right to seek a general order
from the commission that would apply to all workers covered by the state
jurisdiction, rather than needing to vary awards separately or come back and amend the legislation. I have asked them to
consider that, because at the time that we passed the legislation, five d ays'
unpaid family and domestic violence leave was considered a proper benchmark,
but we now recognise that the community has moved on. We are seeing how we can
improve on what has already been provided.
Noting that Western Australian
employers have had no doubt since 1993, when the decision was handed down by the former Equal Opportunity Tribunal—now
part of the State Administrative Tribunal—in its decision in the quite famous case Horne and another v Press Clough Joint Venture that employers have
the sole responsibility to manage sexual
harassment in workplaces. I congratulate the Australian Human Rights
Commission, which has the principal responsibility in managing sexual
harassment amongst employers, including all those in the mining industry and
the oil and gas industry, as the regulator for incorporated businesses. In Western
Australia, through the WorkSafe Commissioner, we have included a code of
practice for workplace behaviour covering misconduct, prolonged conflict
discrimination and harassment, and sexual harassment and bullying; a code of
practice on psychological hazards in the workplace, including violence,
aggression, fatigue, burnout, stress and trauma; and a code of practice on
violence and aggression at work that provides guidance for workers who may have
been exposed to physical assault, verbal abuse, threats, intimidation and
harassment to make sure that employers fully understand their obligations so
there are no longer any excuses for employers failing to meet their responsibilities
in those areas.
I also let members know that, along with the Minister for
Women's Interests, we have announced the appointment of Elizabeth Shaw,
a prominent person in gender diversity issues, to review the Department of
Mines, Industry Regulation and Safety's protocols. I make it clear that
in response to the increased responsibilities of the WorkSafe Commissioner when
he became responsible for the Mines Safety Inspectorate on 31 March, we will
now have that external review of the role of DMIRS in handling complaints that
might be received.
I also note that in conjunction with the Minister for Women's
Interests and the Minister for Mental Health, we provided funding to a range of
organisations to support mental health best practice in workplaces. That
includes the WA Centre for Rural Health, the South West Aboriginal Medical
Service, Juniper, People Diagnostix and Pivot Support Services, which will
share around $500 000 a year over the next four years. That is in addition to
the grants we have provided to Lifeline Western Australia for its Resourceful
Mind program, to Steering Healthy Minds in the transport industry and to Mates
in Construction.
We know that the work is never done in this space, but with a
Labor government, workers know for the first time that they have a government that is on their side. We want to continue
to stand with victims and will provide whatever resourcing and
assistance that we can. It is always traumatic when employees are being bullied
at work. I know many people on this side of the chamber, and on that side of
the chamber, had prior involvement in assisting people who were harassed at work, as either trade union officials, lawyers or
workers in the not-for-profit-sector. I am pleased that as a Labor
government, and as a minister on behalf of the McGowan government, we are able
to continue that good work that so many people have been involved with over
their working life.
Visitor — Sam Moyle
The
SPEAKER : I would like to welcome to the Speaker's
gallery this afternoon a guest of the member for Scarborough , Mr Sam Moyle,
who is the cofounder of Ocean Heroes Australia. Welcome.
the question. I know the member's deep interest in advancing the rights
of working people.
I am pleased to say that this
government has put through Parliament and brought into law the Industrial
Relations Amendment Bill 2021, one component of which is to provide
jurisdiction to the Western Australian Industrial Relations Commission to
address workplace bullying and sexual harassment for all employees covered by
the state industrial relations system. This is an important reform. It mirrors
provisions in the Fair Work Act. It makes it clear
that 85 per cent of businesses in Western Australia—employers and
employees in Western Australia's private sector workforce—are
covered by the federal Fair Work Act, which includes all workers in the mining
and oil and gas industry. But we want to provide benefits and protections for
workers for whom we have responsibility in small businesses, so we have
included in the legislation a provision that allows workers who suffer from
workplace bullying and sexual harassment the opportunity to take that matter to
the state Industrial Relations Commission. The legislation also provides for
five days' unpaid family and domestic violence leave. We note that the
Fair Work Commission has now awarded a superior entitlement, and we are
committed now to go back and examine whether we can improve on the provisions
in this new legislation. I have asked my agency to consider whether it should
be done by general order. As minister, I have a right to seek a general order
from the commission that would apply to all workers covered by the state
jurisdiction, rather than needing to vary awards separately or come back and amend the legislation. I have asked them to
consider that, because at the time that we passed the legislation, five d ays'
unpaid family and domestic violence leave was considered a proper benchmark,
but we now recognise that the community has moved on. We are seeing how we can
improve on what has already been provided.
Noting that Western Australian
employers have had no doubt since 1993, when the decision was handed down by the former Equal Opportunity Tribunal—now
part of the State Administrative Tribunal—in its decision in the quite famous case Horne and another v Press Clough Joint Venture that employers have
the sole responsibility to manage sexual
harassment in workplaces. I congratulate the Australian Human Rights
Commission, which has the principal responsibility in managing sexual
harassment amongst employers, including all those in the mining industry and
the oil and gas industry, as the regulator for incorporated businesses. In Western
Australia, through the WorkSafe Commissioner, we have included a code of
practice for workplace behaviour covering misconduct, prolonged conflict
discrimination and harassment, and sexual harassment and bullying; a code of
practice on psychological hazards in the workplace, including violence,
aggression, fatigue, burnout, stress and trauma; and a code of practice on
violence and aggression at work that provides guidance for workers who may have
been exposed to physical assault, verbal abuse, threats, intimidation and
harassment to make sure that employers fully understand their obligations so
there are no longer any excuses for employers failing to meet their responsibilities
in those areas.
I also let members know that, along with the Minister for
Women's Interests, we have announced the appointment of Elizabeth Shaw,
a prominent person in gender diversity issues, to review the Department of
Mines, Industry Regulation and Safety's protocols. I make it clear that
in response to the increased responsibilities of the WorkSafe Commissioner when
he became responsible for the Mines Safety Inspectorate on 31 March, we will
now have that external review of the role of DMIRS in handling complaints that
might be received.
I also note that in conjunction with the Minister for Women's
Interests and the Minister for Mental Health, we provided funding to a range of
organisations to support mental health best practice in workplaces. That
includes the WA Centre for Rural Health, the South West Aboriginal Medical
Service, Juniper, People Diagnostix and Pivot Support Services, which will
share around $500 000 a year over the next four years. That is in addition to
the grants we have provided to Lifeline Western Australia for its Resourceful
Mind program, to Steering Healthy Minds in the transport industry and to Mates
in Construction.
We know that the work is never done in this space, but with a
Labor government, workers know for the first time that they have a government that is on their side. We want to continue
to stand with victims and will provide whatever resourcing and
assistance that we can. It is always traumatic when employees are being bullied
at work. I know many people on this side of the chamber, and on that side of
the chamber, had prior involvement in assisting people who were harassed at work, as either trade union officials, lawyers or
workers in the not-for-profit-sector. I am pleased that as a Labor
government, and as a minister on behalf of the McGowan government, we are able
to continue that good work that so many people have been involved with over
their working life.
Visitor — Sam Moyle
The
SPEAKER : I would like to welcome to the Speaker's
gallery this afternoon a guest of the member for Scarborough , Mr Sam Moyle,
who is the cofounder of Ocean Heroes Australia. Welcome.
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