Are you meeting your obligations? WGEA data reveals key employer challenges

As an employer, you must understand your obligations to prevent and respond to sexual harassment in the workplace. New data recently released by the Workplace Gender Equality Agency (WGEA) has shed intense light on the state of positive duty progress amongst Australian businesses since its introduction at the end of 2022. This obligation aims to ensure that every organisation has implemented policies that actively work to prevent harassment and create a respectful and safe workplace culture.

Here, our experts dive deeper into the data released by the WGEA, explore the state of progress made by Aussie business owners, and why understanding positive duty obligations isn’t an option; it’s a must.

What key insights did the 2024 Workplace Gender Equality Agency report uncover?

This WGEA report collected data from over 7,000 medium-and-large employers and highlights both progress made and areas still needing improvement. Key insights for employers include:

1. Policies are crucial

Data has revealed that close to 99 per cent of employers have implemented a formal sexual harassment and discrimination policy. However, the report goes on to state that 28 per cent of employers aren’t monitoring the prevalence of sexual harassment within their organisations. Without this critical data, the picture is incomplete, making it difficult to gauge policy effectiveness and identify areas of improvement. WGEA CEO Mary Wooldridge said, “While we are seeing comprehensive policy coverage, this is only a critical first step. Long-term culture change within organisations also requires employees and company leaders to know the policy, understand what’s in it and the part they play in its implementation.”

2. It starts with leadership engagement

The 2020 Respect@Work report highlights just how crucial leadership is in shaping long-term cultural change. While it’s great to see that 85 per cent of CEOs are actively reviewing and endorsing sexual harassment policies, only 55 per cent of Boards are stepping up in the same way. To truly build a culture of respect, leadership must take the lead in clearly communicating expectations for a respectful and inclusive workplace.

3. Investing in training and education

88 per cent of employers report offering training to employees, with most providing this training during induction or annually. While training generally covers respectful conduct, fewer tackle crucial topics like bystander training or the diverse experiences of different people. Expanding training to cover these areas can empower employees with a deeper understanding of the factors behind sexual harassment and how to prevent it effectively.

4. Reporting and confidentiality

The WGEA report found that while 98 per cent of employers have a process for reporting sexual harassment, only 68 per cent provide anonymous reporting options. Ensuring confidentiality is a key factor in this process that works to encourage employees to come forward without fear of retaliation.

5. Accurate and consistent data collection

It’s surprising that while 72 per cent of employers are collecting some data on sexual harassment, the approach is often inconsistent. Only 64 per cent of employers track formal complaints, and even fewer gather critical details such as the gender of those involved. Robust data collection and analysis are essential to truly understand the extent of harassment in your workplace and develop effective, targeted interventions.

What is Positive Duty?

As an employer, you must not only react to workplace issues but must also proactively prevent them. The passing of the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2021 enshrined a positive duty into Australia’s industrial relations framework, and because of this, employers now have a positive duty to eliminate sex-based discrimination and harassment within the workplace. Instead of simply responding to complaints as they arise, employers are now required to actively take reasonable steps to eliminate or reduce the risk of sexual harassment occurring. This not only includes the implementation of workplace policies but also regular training, spreading awareness, and establishing clear and confidential reporting channels.  A common misconception by employers is that having a robust workplace policy dealing with sexual harassment is enough to satisfy their positive duty obligation – it isn’t. As Ms Wooldridge said, “employer’s new positive duty means taking effective action should begin, but not end, with high-quality workplace policies.”

What do employers need to do?

Creating a safe workplace isn’t just a legal obligation – it’s a critical step toward fostering a positive and inclusive culture and starts by:

• Regularly measuring the prevalence of harassment through employee surveys or anonymous reporting systems to identify problem areas and track progress;
• Engaging leadership at every level, ensuring CEOs and Board members actively champion a harassment-free environment;
• Implementing clear policies that define unacceptable behaviour, outline reporting procedures, and establish firm consequences;
• Providing regular, comprehensive training for all employees, focusing on the root causes of harassment, bystander intervention, and the needs of diverse groups;
• Establishing confidential reporting mechanisms to build trust and ensure complaints are handled promptly and without fear of retaliation; and
• Taking decisive action when harassment is identified to support victims and reinforce your commitment to a respectful workplace.

Building a respectful workplace requires consistent effort, clear policies, strong leadership, and proactive measures. By taking these steps, you’ll be on your way to meeting your obligations and creating a safer, more inclusive environment where your employees can thrive.

Large businesses will soon be required to set gender equality targets

The Albanese Government’s new Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill 2024 (Bill), will require businesses with 500 or more workers to set measurable gender equality targets and report on their progress annually to the WGEA with publicly available data. Failure to comply will result in businesses being publicly named and loss of eligibility for lucrative government contracts. By focusing on areas like the gender pay gap, flexible work, and workplace consultation, this Bill pushes businesses to take accountability and accelerate action on gender equality.

Non-compliance with an employer’s positive duty obligation can lead to significant legal consequences, including claims for compensation, legal action, and reputational damage. Moreover, workplaces that fail to address harassment experience higher turnover, lower employee morale, and decreased productivity. By embracing these practices, you not only comply with your legal obligations but also contribute to building a safer, more supportive workplace for everyone.

If any of this information has raised any questions about positive duty in your workplace or you’ve got another matter you need assistance with, reach out to our experts via our 24/7 HR Advice Line.

Not a Citation HR client? To learn more about how Citation HR can support your business and streamline its people management practices, get in touch with our friendly team for a confidential, no-obligation chat here.

About our author

Simone Atherton is a Workplace Relations Consultant at Citation Group. She has an interest in all things legislation and ER/IR related and regularly provides advice on workplace matters to find solutions for clients. She is currently completing a postgraduate Juris Doctor degree and is passionate about industrial relations, providing effective and tailored solutions to workplace challenges, and ensuring fair and compliant practices for both employers and employees.