Proceedings at the Federal Court of Australia began last Thursday, with the United Workers Union representing the former employees at Perfection Fresh.

The women who are the complainants of the lawsuit were contract workers, hired externally by a labour hire company. They were employed at the Perfection Fresh Two Wells Glasshouse, located outside of North Adelaide in South Australia, where the alleged sexual harassment occurred.

Two former employees at Perfection Fresh have been accused of perpetrating the harassment, and Perfection Fresh has confirmed with Women’s Agenda the employees no longer work at the company as a result of the accusations.

Industrial and Employment lawyer April Zahra said while this is a major case happening in Australia, it is “nothing new” in terms of sexual harassment in Australian workplaces.

“There is no place for sexual harassment in the workplace ever,” Zahra said. 

“These women are working with their union and courageously coming forward to hold a powerful organisation accountable, and to make workplaces safer for all women, especially farm and seasonal workers.

“Unfortunately, the information this lawsuit is bringing to light is not new. Sexual harassment is not only prevalent against farm and seasonal workers, but is common in all Australian workplaces.”

A spokesperson from Perfection Fresh told Women’s Agenda said the company is responding to the allegations accordingly.

“Perfection Fresh takes any allegation of sexual harassment extremely seriously. It has workplace policies and procedures on appropriate conduct, as well as processes for raising complaints and the protection of complainants,” the spokesperson said.

“Perfection Fresh treated the complaints made against two employees very seriously when they were raised and responded accordingly.”

The spokesperson said the company has terminated the employment of the accused employees in both cases of alleged sexual harassment.

“Perfection Fresh acknowledges the very serious nature of the complaints and the impact of the alleged conduct on the women involved,” the spokesperson said. “We remain committed to providing a safe workplace for all workers.”

“As the allegations are currently the subject of proceedings before the Federal Court, Perfection Fresh cannot make any further comments about these matters at this time.”

Workplace sexual harassment

The Australian Bureau of Statistics’ Personal Safety Survey 2021-2022 highlights just how common workplace sexual harassment and sexual assault is.

The research found 1.7 million Australian adults (8.7 per cent) experienced sexual harassment in 2021-2022. One in three people in Australian workplaces were being sexually harassed, a range that has remained unchanged in the last six years.

Zahra from Slater and Gordon said there is more progress to be made in tackling the issue of workplace sexual harassment.

“Many people think that due to growing awareness, incidences of sexual harassment are diminishing. However, in the legal field we can see this is not the case,” Zahra said.

“In my work, myself and my colleagues, continue to see serious sexual harassment claims, with no sign of them slowing down.”

Sexual harassment disproportionately affects women from migrant and refugee backgrounds. Last year, a report from Australia’s National Research Organisation for Women’s Safety (ANROWS) found almost 50 per cent of migrant and refugee women have experienced sexual harassment.

The report also found women who were working in temporary or casual roles were more likely to experience workplace sexual harassment and that many believed their race or religion were motivating factors for the harassment.

A lot of the horticultural industry is made up of temporary migrant workers, and Zahra from Slater and Gordon said the case against Perfection Fresh is unfortunately not the first of its kind.

“The migrant status of the workers on these farms means that these women are particularly vulnerable to sexual harassment and other forms of exploitation,” Zahra said.

“It is no exaggeration to say that organisations need to do more to keep their workers safe. These twelve women, through their union, have been able to speak up for vulnerable workers everywhere and we stand behind them.”

In December last year, the Australian Human Rights Commission (AHRC) announced new regulatory measures to enforce positive duty in preventing unlawful conduct in the workplace. 

The measures require employers and persons conducting a business or undertaking to “take reasonable and proportionate measures to eliminate, as far as possible, unlawful conduct”. Crucially, the changes enforce active measures to prevent sexual harassment, discrimination and other unlawful conduct, as opposed to responding to or managing unlawful conduct after the fact.

However, when the positive duty changes came into effect, advocates, including human rights lawyer Prabha Nandagopal, were concerned the changes would not reach the intersections of women in Australia; that is, the changes would not help women of colour, migrants and refugees, First Nations women and more.

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The changes – which require organisations and businesses to focus on actively preventing unlawful conduct – were praised by legal experts, business leaders, and most of all, women. Since sexual harassment and sex discrimination in the workplace is experienced by women at higher rates than men, women will benefit from these changes the most.

But women aren’t a homogenous group, human rights lawyer Prabha Nandagopal tells Women’s Agenda, and the positive duty changes will benefit some women more than others.

“For decades, gender inequality in Australia has been viewed through a homogenous lens,” Nandagopal says.

“It hasn’t really been done in an inclusive way that captures women in all their diversity.”

The stats

Nandagopal is the founder of Elevating Consulting Partners and has directed teams and reviews at the Australian Human Rights Commission. She was the Director of Legal for the Commonwealth Parliamentary Workplaces review in 2021.

Nandagopal has worked with women employees across Australia who not only face sex-based discrimination and sexual harassment, but also racism.

“Certainly, anecdotally, that is what I am hearing from people in those groups,” she says.

“It’s an issue that comes up time and time again, and now, we have the research through ANROWS to back it up.”

In August this year, Australia’s National Research Organisation for Women’s Safety (ANROWS) released a report on rates of sexual harassment for refugee and migrant women. Almost half of respondents – 46 per cent – said they had experienced sexual harassment in the workplace.

Women from several other minority groups have similar stories. It’s the same statistic for the LGBTQIA+ community (46 per cent). For women with a disability, 48 per cent have experienced sexual harassment in the workplace.

Alarmingly, 56 per cent of Aboriginal and Torres Strait Islander women said they have experienced sexual harassment in the workplace, according to the Respect @ Work report from 2018.

On 12 December, changes to legislation came into effect meaning businesses and workplaces in Australia now have a positive duty obligation. This means they must actively prevent sex-based discrimination and sexual harassment from occurring at work, rather than reactively managing complaints.

The changes came into effect as the latest strategy from the AHRC and the Australian government to reduce and effectively eliminate unlawful conduct in the workplace that disproportionately affects women.

However, as per the guiding principles of the positive duty changes, Nandagopal says it’s imperative to take an intersectional approach.

“If you are going to effectively eliminate sexual harassment, you can’t do that without also addressing racism, homophobia, ableism, etcetera – they’re all intertwined,” she says.

“You can’t be treating women as a homogenous group.”

How to take an intersectional approach with positive duty

Australian organisations are increasingly getting better at looking at gender equality in a more inclusive way – not just focusing on white, straight, cisgendered, able-bodied women. But there is still a way to go, and Nandagopal says cultural change starts from the top.

“Having leaders talk about gender equality in a more inclusive way – that makes a big difference,” Nandagopal says.

Leaders and executives also need to “cast a broader lens” when hiring staff and ensure women in all their diversity are included in the workplace.

Nandagopal says championing safety and inclusivity for staff in the workplace begins with talking to them about their experiences and their needs.

“You have to ensure that you’re consulting with workers who have those intersecting identities – understand what their experiences are, consult with them on the measures that would be most effective for them,” Nandagopal says.

“How they are going to have an increased sense of belonging in the workforce… is really important.”

Finally, beyond workplaces, broader society must take a more intersectional lens when discussing issues on gender like sexual harassment and sex-based discrimination in the workplace. And the place to start to foster those inclusive conversations is in the media.

“I don’t think this issue is really ventilated,” Nandagopal says. “If you look at all the coverage on the positive duty, I didn’t see that these stats were brought to the forefront.”

Are businesses ready?

Last week, Nandagopal spoke with Angela Priestley on The Crux, the weekly Women’s Agenda podcast, about the positive duty changes.

On the episode, she explained what exactly positive duty is, and said businesses might not be ready for those changes. In fact, a study from the Australian Institute of Company Directors (AICD) found less than half of ASX300 board directors believed their company was prepared for the positive duty changes.

“That’s the top end of town, with significant HR and legal resources,” she said.

“So you can imagine, the smaller and medium businesses who don’t have those types of resources – they’re unlikely to be prepared as well.”

For more information on what positive duty is, click here.

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During the Senate budget estimates for infrastructure, transport and regional development on Monday, the Nationals Senator grilled Transport Secretary Jim Betts over claims that junior male staff, under Betts’ management, circulated a list that rated and ranked their female counterparts based on their physical appearance.

Betts responded to the question raised by McKenzie over the “degrading list”, saying the department has “learned some lessons” based on the incident.

“This relates to allegations which were made within our graduate programme about concerns that some female grads had that certain male members of the graduate cohort had assembled a degrading list of women which assessed them by their so-called hotness, which is just a disgusting phrase that I hate to have to mention,” Betts said on Monday.

Male graduates in DITRCA allegedly compiled a "hotties list" that rated female graduates' sexual attractiveness. The secretary, Jim Betts, says he'll apply the most-severe sanction — sack those responsible — if the allegation is proved. pic.twitter.com/EZ12nrY8zX

— Markus (@MarkusMannheim) October 23, 2023

Department officials were made aware of rumours of the list’s circulation on March 30 this year, the Senate heard on Monday, and more “formal investigations” have followed in the last few months.

In April, the graduates in the Department were required to complete a staff training model, present to all public service staff. The module was not specifically related to sexual harassment.

On May 19, the Department received an officially complaint over the list, which actioned Betts and the Department approaching the sex discrimination officer for advice. Betts said he also spoke with female graduates to ensure they were receiving the appropriate and necessary support.

No graduates were sacked as a result of the incident, and Transport Minister Catherine King was never informed of the list. Betts defended this decision saying involving politicians would complicate the issue further.

“We needed to protect the confidentiality and sensitivity of the staff concerned. Frankly, I’m the employer, not the minister,” he said.

The majority of the graduate cohort at the Department were under 30 years old, and two-thirds of the group were male.

“We’ve learned some lessons from this – and one of those is having gender balance in all of our cohorts,” Betts said.

McKenzie’s question to Betts was raised after Senators were aware of several complaints of “disrespectful behaviour” at the Department of Infrastructure and Transport, including gender bias, sexism and disrespectful language.

When asked, Betts confirmed there was one allegation of an employee being followed home from work “in a harassing or intimidating manner”, but urged “extreme caution” over the line of questioning.

“You may be asking questions which reveal to people who may be under investigation or may be perpetrators,” Betts said. “I would urge extreme caution.”

In 2021, the Australian Human Rights Commission released the Set the Standard report, based on an Independent Review into Commonwealth Parliamentary Workplaces (CPWs).

The report found one third of people working in CPWs (33 per cent) have experienced some form of sexual harassment, while 77 per cent have either experienced, witnessed or heard about bullying, sexual harassment and/or actual or attempted sexual assault.

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Is it that a Liberal upper house MP didn’t just voice some of the most disgusting and degrading comments about women imaginable, but that he actually put them in writing and texted them to the subject of his vile disapproval?

Or is it that 2GB’s Ben Fordham took it upon himself to name the female Liberal MP at the centre of the complaint? A high-profile woman in the Liberal party who had made a confidential complaint about alleged sexual harassment and abuse to her party, and believed that the process would be confidential.

Former federal MP Lucy Wicks has now confirmed in a statement that she is the complainant in the investigation by the party into the long stream of abusive text messages.

She shared on social media that she was “distressed” to have been named on radio and outlined the fear she felt about speaking up, as well as more detail on the “demeaning, degrading, and abusive” messages she says she received over five years.

“I was continually exposed to highly aggressive barrages of verbal abuse, which included threats to destroy my reputation if I spoke up,” Wicks wrote.

“I am beyond distressed that I have had to disclose even a small portion of these details. I sought to create a confidential process that would enable natural justice and provide me with safety as I navigate this process.

The texts, alleged to have been sent by Taylor Martin, are so vile they require a warning on the explicities within them.

Sources who have seen the texts say they call Wicks pretty much every standard demeaning term you can think of, from “dumb slut” to “pig” and “fucking idiot”.

The Herald reports seeing one text message that read, “Go stay in your world of fucking make believe you fucking pig ignorant bitch.” The Herald also shares screenshots of the text messages with explicit warnings.

Wicks served as a Federal member for the NSW Central Coast seat of Robinson for almost ten years until 2022. She has previously backed quotas for Liberal women, and has spoken generally about some of the issues that she has “faced in my own life” when promoting the need to ensure more women are heard in politics.

The messages Wicks received raise serious concerns about culture in the Liberal party when it comes to the treatment of women. How does an individual who can think and write such comments reach the top of a party’s upper house ticket? How does a party promote individuals who hold such views into positions of power that ultimately give them a say on legislation affecting women’s lives?

Taylor Martin, who became the youngest person in state parliament in 2017 when he was appointed to an upper house seat by the Liberal party, has removed himself from the Liberal party room while the independent investigation continues. According to the Sydney Morning Herald, he admits to using the words, noting the pair had experienced an “ugly and undignified” break-up following a romantic relationship, and sharing that there are “two sides to every story.” He described the text messages as including words that he regrets, and said that he is sorry. He also said he welcomes the investigation, expressing his confidence that, “the truth will come out through that process and I will be cooperating fully.”

For now, this complaint by Wicks has taken on its own narrative — broadcast on radio, despite Wicks believing the process to be confidential. For ratings, to demonstrate power, for what? We know what happens next to Luck Wicks, because we’ve seen it before. The details of her personal life are being and will further be examined. Questions have already and will continue to be raised about whom she chooses to have a relationship with. And reasons will be explored attempting to justify why the text messages were sent in the first place, when no such justification is possible.

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A “positive duty” will be placed on employers to take measures to protect their workers from sexual harassment, while the Human Rights Commission will be given new powers to enforce compliance with the new requirement.

The Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) bill will be introduced to federal parliament on Tuesday by the Albanese government.

Under the changes, Commonwealth public sector organisations must also report to the Workplace Gender Equality Agency on gender equality indicators.

The changes will mean the Human Rights Commission will be able to give compliance notices to employers who are not meeting their positive duty obligations to prevent harassment. The legislation will also prohibit any conduct that creates a hostile work environment on the basis of gender.

Minister for Women Senator Katy Gallagher announced on Tuesday that the new legislation would be introduced, as part of the government’s commitment to implement the recommendations from Sex Discrimination Commissioner Kate Jenkins.

In a statement with Attorney-General Mark Dreyfus and Workplace Relations Minister Tony Burke, Senator Gallagher said the bill will help prevent workplace sexual harassment, an issue affecting many Australians.

“Over the past five years, one in three people experienced sexual harassment at work, with women experiencing higher rates of harassment than men,” the statement said.

“Aboriginal and Torres Strait Islander people, people with a disability and members of the LGBTQ+ community are also, on average, more likely to experience workplace sexual harassment.

“Everyone has the right to a safe and respectful workplace and the fact that workplaces have not been safe or respectful for so many Australians is unacceptable.

“Sexual harassment is by no means inevitable and the passage of this bill will move Australia forward in our efforts to prevent workplace sexual harassment from happening in the first place.”

According to 2021 data from the Australian Bureau of Statistics, women were twice as likely to experience sexual harassment over their lifetime compared to men, while lower life satisfaction and financial stress were associated with higher rates of sexual harassment.

While the previous Morrison government did implement some of Kate Jenkins’ recommendations from the Respect@Work report, it was reluctant to introduce a positive duty on employers to prevent sexual harassment.

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The report found that almost three quarters of perpetrators of sexual harassment were men. 

Over 1,200 people from across the contemporary music industry were interviewed to examine the prevalence of sexual harm, sexual harassment and systemic discrimination in the industry.

The review, commissioned by the Australian contemporary music industry, found that 45 per cent of sexual harassment occurred at music venues, while over one fifth occurred in the office.

Seventy-six per cent of those interviewed said they experienced bullying at some point in their career, with women being the likelier targets.

Yet formal reporting of incidents remains very low. Just 3 per cent of survey participants said they made a formal complaint for sexual harassment, while 6 per cent said they made a formal complaint when they encountered bullying in the past five years.

Many said they didn’t report the misconduct because they didn’t think the perpetrators would be made accountable for their actions.

Alexandra Shehadie, who led the review, said the review is a positive step towards identifying the areas of the music industry that need to change.

“The task now is to follow through with implementing the recommendations right across the industry,” she said. “Australia has a vibrant, dynamic and creative music industry. It is important to ensure that it is also inclusive, respectful and safe so that all who work in it are free from harm and discrimination, and can thrive.”

Emily Collins, Managing Director MusicNSW, believes that the review has emphasised the difficulties of working in the music industry. 

“We want to acknowledge the courage of those victim survivors and everyone who shared their stories as part of this review,” she said.

“Bringing this information to light is a critical first step in understanding not only the extent of harm that has occurred but also setting out a clear path for the music industry to improve and strengthen its workplace culture for everyone.”

Collins was one of seven women in the Temporary Working Group, a volunteer team of independent experts and facilitators who worked together to establish and deliver a national consultation strategy.

Another member, Julia Robinson, Managing Director Australian Festivals Association, wants the focus to be on leaders to drive change. 

“Leaders in the music industry have a collective responsibility to use their influence to drive widespread change and create a safe and inclusive workplace built on respect,” Robinson said.

Brisbane musician and artist, Deena Lynch, who has publicly spoken about being sexually assaulted in the past, hopes the latest review will lead to material changes. 

“It has taken a lot of sacrifice and energy from survivors to establish awareness but it can’t stop there,” she said. “Awareness is just a first step, there is much more work to be done to address specific issues, bring about a cultural shift and begin to reform.”

“We now require commitment to change and action. I hope that with the Music Industry Review report, industry leaders will commit to and implement the recommendations to begin the process of creating safe arts workplaces.”

If you need help, please contact Support Act Helpline: 1800 959 500, 1800RESPECT: 1800 737 732, Lifeline Hotline: 13 11 14 or text their helpline on 0477 13 11 14, SANE: 1800 187 263, Suicide Call Back Service: 1300 659 467, Beyond Blue 1300 224 636

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The brand underwent an investigation from the Victorian Equal Opportunity and Human Rights Commission to better understand where it can take steps to ensure policies and procedures are in place to prevent any incidents of sexual harassment occuring.

In a statement that clarifies the investigation was not launched in response to any reported incidents, the Victorian Equal Opportunity and Human Rights Commissioner, Ro Allen, explains their reasoning: “Both the Commission and Baker’s Delight Holdings recognise that bakeries, like many other retail environments, can be a high-risk workplace for sexual harassment, particularly for women and casual workers.”

“Instead of relying on complaints to improve the workplace, the investigation sought to ensure policies and processes are in place to prevent sexual harassment occuring in the first place.”

The Commission recently published the report of this investigation into the adequacy of Bakers Delight Holdings’ framework for preventing and responding to sexual harrassment, citing further steps the company could take: developing a sexual harassment plan, implementing staff training, updating policies and procedures, having regular communication to employees and developing a central register of reports. 

Similar to many duty holders, there were gaps in Bakers Delight Holdings’ compliance, but the Commission said that Bakers Delight Holdings agreed to all their recommendations and that during the investigation, the company had already begun to address these gaps.

Bakers Delight’s joint CEO, Elise Gillespie says she wants their bakeries to be a happy and safe environment for all their workers and that this investigation from the Commission has allowed them to identify proactive measures they can take to ensure this stays the case.

“We all have a responsibility for preventing sexual harassment in the workplace,” she says. “And we are confident the recommendations in this report will go a long way towards helping other Victorian retail and franchise businesses to comply with their positive duty to create safer, more respectful workplaces.”

In Victoria, there is a unique ‘positive duty’ requirement in the Equal Opportunity Act 2010, where employers have an obligation to eliminate sexual harassment as far as possible– this means doing more than simply responding to incidents that have occurred. 

“It’s not fair for the burden of fixing workplaces to rest solely with people who are harmed by poor behavior,” says Emily Howie, General Counsel of the Victorian Equal Opportunity and Human Rights Commission. “Complaints processes are important, but more needs to be done to change workplace culture.”

The Sex Discrimination Commissioner, Kate Jenkins, recommended a similar positive duty be introduced at a national level in her Respect@Work report. 

For employers and head franchisors wanting to understand their obligations under Victorian law to create safe and respectful workplaces, the outcomes from the Commission’s investigations will be particularly helpful. It will also help employees of these businesses to better understand their rights. 

“We commend Bakers Delight Holdings on their willingness to take action to prevent sexual harassment,” says Howie. “It sends a strong message to other Victorian retailers and head franchisors to do the same.”

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And then, after being subject to this treatment from some male patients, these employees may also potentially be approached romantically and sexually by senior male colleagues — sometimes with a proposed or implicit contractual arrangement promising career opportunities/advancement in exchange for sexual favours.

Yes, this is still medicine in the twenty-first century, where over half the graduating doctors are female. 

I recently undertook an informal survey of more than 100 female doctors working within the Australian healthcare system to help uncover the extent of the problem. The findings suggest that current efforts to address gender inequity are not yet sufficient. 

Of those who participated, three quarters said they have experienced unequal treatment, discrimination or loss of opportunity at work based on gender, while another 15 per cent said they feel that this may have occurred. Nearly 90 per cent revealed they have experienced implicit gendered behaviour at work that makes them uncomfortable – this includes events that are difficult to report such as being called ‘too pretty’ or ‘too young to be a doctor’. Other such thing include assumptions that they are a nurse, being asked to make cups of tea, and being addressed as ‘ladies’ in meetings when men are referred to as doctors.

Nearly 60 per cent of the respondents reported overt sexual harassment, some of which could be considered criminal assault. A recurring theme is having to do procedures on patients which require kneeling down next to them – where some male patients see this as an invitation to ask the doctor to perform sexual acts on them. In some instances, teaching may be offered on a one-on-one basis at home by senior male clinicians. Rural rotations may present additional danger from other colleagues given the relative isolation and separation from family. Female doctors also describe experience stalking and sexual assault.

Perhaps most sadly, only 17 per cent of participants said they had tried to report their experience to their supervisor or hospital. Only a minority of those who did report it said they had a positive experience. Many describe that their reports were ignored, that the perpetrator was defended as those involved in the reporting process knew him as a ‘good guy’, or that it was a ‘he said/she said’ situation. Sometimes, the perpetrator was informed of the report, and the complaint was turned around.  A few saw constructive and appropriate action, though this was often where there was a solution which didn’t involve addressing the behaviour of senior male staff.  Sexual harassment by patients seems even less likely to be reported, and the potential avenues of management are not clear.

Given that our reproductive years align with the time most of us are training and early in our career, it’s not surprising that pregnancy and childbirth are not well accommodated. Many female doctors report that women with children are taken less seriously, not offered promotions or have leadership opportunities retracted. There is a scarcity of dedicated lactation rooms and some doctors are forced to pump milk in toilets or storage rooms without privacy or appropriate facilities. 

As for other working conditions these women experience? Part time training is limited and many colleges send trainees interstate and to regional areas every three to six months. Parental leave is often seen as a ‘holiday’ and there may be an expectation that research projects will be completed in these months where a woman is trying to sustain a new life.  Men continue to have children without similar challenges, and their parental status appears far less likely to affect their career prospects. 

And all of the discrimination and poor behaviour is amplified for women of colour, who face the double bind of sexism and racism. These women have to fight even harder to even be recognised as a doctor.

It is clear that gains have been made over the passing decades. We are now at least talking about gender inequity, and many hospitals have a women’s society or similar.  There are leadership programs targeting women; paternity leave is now available for fathers in NSW (though whether they take it is another matter), and some hospitals are designing dedicated lactation rooms. Reporting continues to be a problem, as it disadvantages the victim who is usually in a junior position compared to the perpetrator. Anonymous reporting systems remain uncommon and even with good intentions, hospitals seem to struggle with appropriate action towards perpetrators of sexual harassment.

So what can be done?

From my own, and the experiences of my female colleagues, it appears likely that more definitive and assertive action is required to address this issue. 

Hospitals and medical colleges need a rating system which requires them to meet specific criteria around recruitment, leadership, reporting, consequences for perpetrators, and facilities. This rating system would need to be regularly audited to ensure progression. 

Colleges need to provide part time training and address distant secondments, while also doing more to support female leadership. 

A charter of rights for female staff perhaps needs to be presented to patients, and no one should be expected to treat people who assault or demean them.

As female doctors, we are past the stage of sitting in circles and talking. We need action to keep women in medicine and to allow them the same opportunities afforded to men.

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In more positive developments this week, we also share some great wins: the female-led business giving parents three hours a day, Annabel Crabb’s extraordinary looks at women in politics through history, plus the female leader putting hope and optimism on the climate agenda!

Plus we talk about business networking in a current and post COVID world. Will we still go to events? Can we network better online?

AND we have an excellent interview with Tanya Hosch (starting around 35 minutes in).

About this week’s interview:

Tanya Hosch is the first Indigenous person, and the second woman to ever be appointed to the AFL’s executive.

You can read more on Madeline Hislop’s interview with Tanya here.

As the Executive General Manager of Inclusion and Social Policy at the AFL (now in her fifth season) she says her role is to look at inclusion from a whole range of different perspectives and to support the idea that AFL is a “game for everyone”.

In this interview, Tanya shares more on this year’s NAIDOC theme, particularly the need to hear from more Ingienous voices when it comes to critical issues, like climate change. She speaks about her role with the AFL, as well as some of the challenges the code has faced in recent years.

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Now in Tasmania, Rural Business Tasmania in partnership with Tasmanian Women in Agriculture (TWiA) has issued a response: this week officially launching a series of practical guidance tools specifically focused on rural workplaces in order to help prevent, respond and reduce sexual harassment and other forms of bullying harming rural workers.

The Tasmanian initiative also follows 2019 research by TWiA that found three in four respondents in their state have been sexual harassed in some form. It raised concerns about an culture of male dominace and isolation in Australia’s rural sector which can increase risks of harassment and bullying, particularly for women.

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Supported by a Tasmanian Government Grant, TWiA and RBT has just released their first videos, offering support for those seeking guidance on calling out bad behaviours, under the slogan “Respect, Manners, Decency: Nuff Said.”

The freely available videos and posters feature animations of animal characters, designed to help reflect the rural workplaces they’re targeting.

Rural Business Tasmania Chief Elizabeth Skirving said that harassment and bullying is not getting enough attention in agriculture. “It’s something that’s been underlying and there’s probably an acceptance of that behaviour,” she said.

Elizabeth also noted how workplace sexual harassment has significant health, employment and financial impacts on individuals, workplaces and the broader economy. She quoted figures from the Australia Sexual Harassment Enquiry stating it’s costing the Australian economy $3.8 billion.

Launched officially by Primary Industries Minister Guy Barnett, he said health and safety at work is a key priority of the Tasmanian Government.

“Sexual harassment and bullying in the workplace is never ok, especially for those in rural locations where support may not be easily accessible,” he said in his statement.

“Staying safe and well is everyone’s responsibility and the more we can do to educate rural employers and workers, the better it is for them and the community as a whole.

“This campaign will ensure employers and workers are better informed about what sexual harassment, bullying, and harassment actions are and how they should be treated and managed, particularly in relation to their work health and safety responsibilities.”

This years Tasmanian Women in Agriculture has launched a number of initiatives to support women locally during the pandemic, including a #BuySomethingTasmanian campaign along with a series of ‘Paddock Talks’ featuring interviews with women and online learning initiatives, as well as continued participation in advocacy work in government.

Belinda Hazell is stepping down as Char of TWiA after four years at the helm, with Mandy Cooper taking over.

Pictured above: Belinda Hazell outgoing chair of TWiA, with Minister Guy Barnett and incoming chair Mandy Cooper

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On Instagram she suggested that the behaviour was what “happens when you say NO or call out a man for being disrespectful!!!”

“I’m entitled to change my mind and tell someone I’m not interested anymore because I feel uncomfortable and intimidated by ones aggressive and forceful nature,” she added.

Alongside her post were the audio messages she said had come from the man after she rejected him, including:

“You’re actually a fat f***ing pig. You know that? Thanks. You did waste my time,” and:

“You’re f***ing ugly. Your a** looks OKAY and you would have been one f**k. You would have been just one f**k because you’re a disgusting fat pig.”

He also allegedly sent a written message that read: “Cya you ugly, fat, time wasting wh*re.”

Sanderson’s post gained quick momentum, shared by thousands of women across social media including prominent feminist and journalist, Clementine Ford.

Within a matter of hours the news had landed with the man’s employer, logistics firm Invenco. Rather than sit on the news, the company’s CEO Dave Scott issued an immediate statement saying the employee in question had been sacked, adding that he felt “shocked and disgusted” by his behaviour.

“I was shocked and disgusted to hear the disrespect and entitlement towards women appear in the recordings and messages attached to the Instagram post,” he wrote on Facebook Sunday night.

“I strongly reject any behaviour of this kind, at any time, in any place, for any reason. There is no excuse that makes this OK – ever.”

“As soon as I heard the recordings and saw the images, I instantly determined this as an act of serious misconduct,” Scott added.

“The awareness of this act rendered Thomas McGuirk as unsuitable for continuing employment with Invenco, and I terminated his employment effective immediately at 8.53am on Saturday morning.”

Having only been employed by the company for six weeks before he was let go, Scott stated that the accused would “not have been hired” if the company had been privy to the “serious misalignment in core values”.

Tinder took the same approach, shutting down the man’s profile immediately.

This kind of decisive action isn’t something women are overly familiar with. Too often, victims of sexual harassment or assault are faced with the opposite equation. If they come forward, their allegations are routinely ignored or covered up. This is so often the case that many women fear speaking up altogether.

We only need to turn our gaze to recent events at AMP, where the misconduct of a senior male executive Boe Pahari, was ignored despite a young female employee’s emphatic accusations that he’d crossed the line.

Julia Szlakowski’s accusations were made in 2017, but rather than take action to reprimand the man who harassed her at the time, AMP did the opposite and promoted him. After three years, and the sexual harassment case blowing up publicly, Boe Pahari was only recently stood down.

Of course, this is just one example in a long line of similar cases. Look anywhere you want in corporate Australia and this systemic culture of cover-ups thrives.

And it’s a hard one to disentangle and dismantle once it exists. It’s why so many organisations are scrambling to implement diversity and inclusion policies, including sexual harassment and human rights training for their workforces. Such policies are helpful, but they’re indicative of a “long-game” approach. There’s no quick fix when it comes to male entitlement.

That’s why the response by Invenco’s boss is so reassuring. Opting to move hard and fast in his condemnation and sacking of the employee accused, Dave Scott proved he was prepared to break the mould.

For victims of sexual harassment or assault like Ebonie Sanderson, this kind of allegiance is powerful. We need more male bosses to stand up and do the same.

The post Swift action by boss following employee’s “vile” Tinder messages, is what we need to see more of appeared first on Women's Agenda.

Attendees at the Not In My Workplace Summit heard from leaders from across media, military, tech, entertainment, sport, legal services, venture capital, retail, corporate, government, and public sectors – all sharing deep insights on the reality of the problem and the actions being taken to tackle it.

As summit host and gender equality advocate Nicola Hazell pointed out, most of the speakers would rarely, if ever, find themselves sharing a stage. They come from very different industries, with different workforces and different workplace cultures.

But a shared goal brought this disparate group together: a goal of inclusion, respect, and safety.  A goal to end workplace sexual harassment.

With more than 20 world-class speakers on the program, it was a BIG day with a lot of information and inspiration to soak up.

Here are the key learnings that got us thinking…

This problem is HUGE

Australia’s Sex Discrimination Commissioner, Kate Jenkins, opened the Summit by outlining the current workplace landscape, sharing highlights from her world-first National Inquiry into Sexual Harassment in the Workplace which has involved 60 consultations across the country with 460 submissions.

It was fantastic to be part of today’s #NotInMyWorkplace summit on workplace sexual harassment.

Sexual harassment in the workplace remains far too prevalent, and we all have a role to play in changing the culture to create safe and respectful workplaces for everyone. @NIMWP_ pic.twitter.com/3A9txCewin

— Kate Jenkins (@Kate_Jenkins_) December 3, 2019

While over 70% of Australians have been sexually harassed in the past five years, current workplace norms often don’t empower people to safely lodge complaints or report problems.

The result? Only 17% of people impacted by sexual harassment actually make a complaint, and when they do, they have little faith in their workplace to create a positive outcome.

Despite the harrowing statistics and shocking stories of sexual harassment curbing the career dreams of many young women in particular, the Commissioner found that for many workplaces this is an issue still being swept under the carpet.

The Inquiry’s full report will be released in February 2020 with the findings set to clearly demonstrate that ending sexual harassment is #EveryonesBusiness – impacting all ages, genders and industries.

Leadership sets the tone

Almost all speakers acknowledged the key role of leadership teams in setting workplace culture. If leaders don’t directly address sexual harassment in their workplace, the rate of sexual harassment at work won’t change.

CEO of Cicada Innovations, Sally-Ann Williams suggested leaders need to ensure they take ownership of these issues and lean in to conversations on change, rather than leaving it to the people and culture team (as it’s a given that they will be involved).

“We don’t have to get it right. You have to be willing to lead & lean in.” @sallyannw talked about #authenticity in #leadership at all times with a grand vision of the #futureofwork with inclusive workplaces.
“We need leaders to say: not on my watch”#NotInMyWorkplace@NIMWP_ pic.twitter.com/maTMUe0XbW

— Lana Weal (@wealybin) December 3, 2019

Tiffany Slater, General Manager at the National Rugby League (NRL), said action from a collective of industry leaders can drive a wider conversation across our society. She outlined how shifting attitudes towards women within sporting culture can have flow on effects for the whole community. She spoke about the importance of direct action on sexual harassment and assault (such as the NRL’s no-fault stand down policy for players facing criminal charges) alongside proactive cultural change efforts achieved through the promotion of and investment in the women’s game, driving greater equality for women in sport across all sporting codes.

We need more women at the top

Not surprisingly, there was fierce agreement among speakers that improving the ratio of women in leadership is a key factor in building safer, more inclusive workplaces.

Seven West Chief People & Culture Officer, Katie McGrath, shared her personal passion for shifting the culture in the media industry around sexual harassment from one focused on litigation to one focused on conversation and compassion. She said she had seen a direct impact from the recent increases in the number of women at the decision making table, resulting in a more proactive and compassionate response to sexual harassment cases. Her insights aligned with Kate Jenkins findings that in general, staff with women leaders received a more positive and supportive response when reporting sexual harassment than those who took their claims to male managers.

Check your data

The national stats on sexual harassment paint a pretty stark picture, and yet many speakers pointed to a common defence provided by organisations claiming “we don’t have a high number of cases.”

NSW Acting Public Service Commissioner Scott Johnston said it’s incumbent on organisations to dig into their data and ask if it’s really telling the whole story.

The Commission – which oversees a workforce of more than 400,000 NSW public sector workers – has found through internal staff surveys that sexual harassment reports are not reflective of the real number of cases due to gross underreporting. Scott Johnston said organisations must spend time truly understanding the problem and be transparent about what’s going on under the surface of their data.

It’s all about power

There are power dynamics in the workplace that frequently influence sexual harassment incidents. The global #MeToo movement has cast a light on the actions of powerful men across media, entertainment, health and wellness industries and how their abuse of power has impacted on the vulnerable women.

Award-winning Actor Michala Banas, who has recently trained as an Intimacy Coordinator, said power dynamics can have a huge impact on young actors in film, television and theatre. Even then, she pointed out the need to avoid making assumptions on how people perceive their own power. She said while people generally know when they’re not in a position of power, it seems for some people in leadership positions, it can be easy to forget the influence and power they have over others. She said having someone who can point out why their behaviour is not ok and provide the chance to share new perspectives can be an important part of creating safer spaces for everyone.

This is a key part of her new role as an Intimacy Coordinator – providing support and guidance for actors, directors and producers on set to make the creation of intimate scenes a safer and clearer experience for everyone involved.

“I act as a buffer and a bystander and can handle any concerns confidentially as people fear the fallout of complaining.”

This shift to create more psychological safety in the entertainment industry has taken time, collaboration and initiative from people in the industry to convince others of the need for this independent support role – of which Michala is one of only three trained coordinators in Australia.

“What are the gaps in your industry? Roles that don’t exist but clearly should to make your workplace safe & supportive?”
Blown away by the passion & leadership of @michalabanas in creating change across her industry in this new role
Vital work to drive respect, safety & trust. https://t.co/S7JZdPoMvK

— Nicola Hazell (@nic_hazell) December 3, 2019

It starts with a conversation

Many of the speakers acknowledged that driving deep cultural change is hard, but that it all starts with bringing the issue into the open to discuss what sexual harassment means, how it impacts productivity, inclusion and positivity in the workplace, and how everyone can play a role in preventing it.

Assistant Director at the MATE bystander program, Anoushka Dowling, explained that everyone has a sphere of influence and a responsibility to try to be aware of their impact on others. Often people are worried about getting things wrong but obstacles need to be acknowledged to be overcome. Anoushka used the example of fire safety training, pointing out that while training is delivered once a year, not everyone would know how to deal with complex scenarios in their everyday.

Kate Jenkins emphasised the impact of creating safe spaces during the Inquiry to make it acceptable to discuss the issues surrounding bullying and sexual harassment. Kate acknowledged that everyone is all at different points of their journey of awareness and when we create safe spaces (sometimes with rooms of men only or women only), we allow those people to more freely express themselves, be open to learning and sharing their personal experiences.

Major General Simone Wilkie AO acknowledged that creating a culture of change in the Australia Defence Force has been a hard and challenging process, but that using scenario based training and driving consistent and regular conversations about behaviour, consent and respect, progress had been made.

As culture evolves, people often need someone external to let them know that they should think more about what or how they’re communicating as they might be seeming offensive. Chief Diversity & Inclusion Officer and Partner at PwC Australia, Julie McKay, shared an easy question you can ask to get clarification in non confrontational way: “Can you tell me what you mean by that?”

It’s about people first (not paperwork)

Kate Jenkins said that there needs to be a shift away from simply considering the legal implications of an incident to instead thinking about the people involved first. The legal system protects people from being unfairly dismissed, but it often doesn’t protect the victim from ongoing trauma as an incident is investigated.

Belong’s Ben Burge said it’s about trading risks; so instead of focusing on the risk of unfair dismissal, he focuses on the risk of psychological damage and loss of trust that can be felt by an employee if a leader fails to act.

Airtree Ventures Partner Helen Norton echoed the importance of action to back up any policies or processes you put in place. The Model Code of Conduct established by Australian VCs, led by Samantha Wong at Blackbird Ventures, is an example of a policy on paper that is effective only because it is embedded in the actions of VCs and other startup ecosystem players such as co-working spaces and accelerator programs. Sally Ann Williams pointed to the standard practice to refer to the code of conduct at the opening of any event held at coworking space Fishburners, as a reminder of the expectation that must be upheld by all attendees to create a safe and inclusive environment.

“If you want to create an inclusive community, it’s not about governance, it’s about what you do behind the scenes every day.” – Sally-Ann Williams

Change is coming

Many of the speakers at the summit emphasised what dire circumstances Australia is in at the moment in relation to sexual harassment in the workplace, but there’s still hope and some organisations are taking action to implement new policies, support leaders and managers, and train staff to raise awareness.

Kate Jenkins reflected that although she’s been working in the gender equality space for a long time, she’s still learning through new conversations happening now.

There’s now many resources available about creating an inclusive workplace culture including Joan Westernberg’s Transgender Incluson policy and Startup Creative’s suggestions for LGBTQI+ in the workplace inclusion. Kate and her team at the Human Rights Commission have developed a Conversation Toolkit as part of the inquiry and emphasised that engaging men in the conversation is really important.

Julie McKay summarised the summit by asking attendees to make a commitment to action. Julie posed the question, “Imagine if leaders who have said they are fatigued about discussing sexual harassment in the workplace had said this about something like safety training. We’re not allowed to be fatigued about safety, so why should we accept this concern about fatigue on diversity and inclusion?”

The short answer is, we shouldn’t.

Sign up to be notified when the National Inquiry report is released in February 2020 which will provide recommendations for employees, leaders, workplaces, media and communities to enact.

How can we create more inclusive workplaces? @kate_jenkins_ shared at @NIMW_ upcoming focus areas from the National Inquiry into workplace #sexualharrassment in #Australia:
A) Community attitudes
B) Education for all
C) Media & its role of influence
D) Employers#NotInMyWorkplace pic.twitter.com/Xp49GipShF

— Lana Weal (@wealybin) December 3, 2019

Are you experiencing an emergency?
If so, please dial 000 now.

Do you need support or advice?
If so, please contact 1800RESPECT (1800 737 732).

This hotline is staffed by trauma-informed counsellors who can provide 24-hour support for people impacted by sexual assault and abuse.

Do you need legal information or advice?
If so, please contact Justice Connect.

The Australian Human Right’s Commission’s National Information Service also provides information on sexual harassment. Please call 1300-656-419 or (02) 9284 988. However, the AHRC is unable to give you legal advice because it handles complaints.

Do you want to make a complaint?

If so, please contact the Australian Human Right’s Commission (AHRC).

However, the AHRC advises you to seek legal advice before making a complaint. If you are considering making a complaint, we suggest you to contact Justice Connect to see if you are eligible for free legal assistance.

The post Building a future of work free from sexual harassment appeared first on Women's Agenda.