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Creating safe and productive workplaces

Respectful workplace cultures

One in three Australian workers have experienced sexual harassment at work in the last five years, according to the Australian Human Rights Commission. 37% of people thought their organisation should be doing more to prevent and address sexual harassment. Organisations need to take proactive action to provide workplaces that are safe, respectful, and free of systemic issues such as sexual harassment, discrimination, racism and bullying.

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Workplace culture and Respect@Work. Your role in building high-performing organisations of the future

Workplace culture, particularly equality, inclusion, and diversity, are becoming important areas of people's focus in organisations. We will cover the Respect@Work guidelines, role of leadership and steps workplaces should take.

SUBSTANTIVE LAW, 1 CPD point

Recorded: 2 March 2023

Creating a safe, inclusive and respectful workplace

Recent reforms to workplace laws in Australia have qualitatively changed the focus to preventing sexual harassment and hostile workplace behaviours. The onus is on organisations to provide physically and psychologically safe and respectful workplaces.

A safe, inclusive and respectful culture doesn't happen by accident.

It takes leadership and commitment to create a workplace culture where people feel safe, respected, valued and heard. Everyone benefits – employees thrive, are highly engaged and perform at their best, and organisations prosper, attract good people and have strong reputations.

Creating and sustaining your desired workplace culture begins by understanding what is going on in your organisation and then taking action aligned to that understanding and monitoring its impact over time.

The Critical Pillars that underpin a culture that prevents and addresses workplace sexual harassment are:

  • leadership and good governance;
  • applying a safety lens;
  • responding to harmful behaviours with person-centred processes and systems; and
  • building psychological safety and trust in reporting through greater transparency and accountability when harm occurs.

How we can help

Our team offers deep experience in workplace culture and safety, employee relations, investigations and legal compliance. Our work with the Champions of Change Coalition and our advocacy for cultures, systems and laws that prevent harmful behaviours so everyone in an organisation can thrive, informs our approach to supporting our clients.

We work with boards, executive leadership, people and culture leads, and business integrity and safety teams. Together with AskYourTeam, we offer practical steps and strategic guidance, informed by good data, to support a positive workplace culture. We provide the tools to measure and monitor progress over time.

Five steps to create a safe respectful workplace

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Discover your culture

We audit and review good data to assess organisational culture, including:

  • Surveys and data collection, which measure the trends and maturity of the organisation
  • Records of complaints and investigations
  • Exit interviews and absenteeism
  • ‘Lead' indicators for early intervention
  • Data on gender equality, gender diversity and inclusion, and intersectionality

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Adopt a person centered approach

We offer:

  • A design thinking process to ensure that reporting processes, support and outcomes are adequately tailored to the people and environments relevant to your organisation and in compliance with regulator expectations
  • Policy review and alignment
  • Executive contract review, alignment and KPI setting
  • Independent, person-centred and trauma- informed investigation support
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Utilise transparency, accountability and processes

We provide guidance on:

  • Board reporting and governance (including governance over the Prevention and Response Plan)
  • Organisational reporting – internal and external
  • Transparency approaches
  • Best practice use of confidentiality agreements (NDAs)
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Apply a WHS lens to practices and processes

Our advice helps you:

  • Align functions (HR, WHS, Legal, Integrity and Risk and Leadership)
  • Apply a safety lens to change initiatives
  • Manage psychosocial risks, including by carrying out risk assessments for key issues
  • Conduct consultation with workers
  • Implement controls to prevent/manage identified risks, and monitor effectiveness of the controls
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Undertake leadership and upstander briefings and education

We support you through:

  • Board and Executive team briefings and training
  • Bystander/upstander training
  • Manager masterclasses
  • Training on person-centred and trauma-informed responses and investigations
  • Updated legislative changes, and managing historical and anonymous complaints
  • Best practice use of NDAs

What action should organisations be taking to prevent harm in their workplaces?

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Case studies

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Global insurer

We conducted an investigation into serious allegations around a complaint a senior executive breached the publicly listed company’s Code of Conduct. Parties were interviewed, documents reviewed, and the Board was briefed on findings. Advice was provided on the outcome and related matters, including reporting obligations.

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Australian Human Rights Commission

We provided two secondees to the AHRC to assist in the implementation of Respect@Work reforms, including drafting the guidelines for complying with the new positive duty under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate relevant unlawful conduct.

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Respect@Work Council

We advised the Respect@Work Council on its development of best practice guidance on confidentiality clauses in settlement agreements involving sexual harassment allegations.

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https://www.minterellison.com/employment-and-safety/respectful-workplace-cultures

Our thinking and experience shows

Lead contacts

Kristy Edser

Partner, Sydney

Jim Fox

Partner, Sydney

Kathy Reid

Partner, Perth

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