Unpaid Trust Distributions: ATO's Rulings vs. Recent AAT Decision and What It Means for 2023
It has long been the ATO’s practice to treat a trust’s unpaid present entitlements (“UPE”) to a company as a loan for th...
Changes to workplace sexual harassment laws.
Prohibition is set to ‘cure the cause not the effect!’
Sadly, sexual harassment and sex discrimination continue to be an ongoing concern in Australian workplaces.
To assist with curing the cause’ in our workplaces, the Federal Government has made changes to legislation that includes prohibition on sexual harassment.
On 6 December 2022, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill was passed into law.
This new Act, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (the Act), makes significant changes to the Fair Work Act (Cth) 2009, to reform Australia’s workplace relations system. It also complements other legislative amendments made by the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022.
This article is to inform employers about what they need to do to prepare for the changes to workplace sexual harassment laws. The changes will affect all businesses (regardless of size).
The Changes
The Act increases protections and gives employees, contractors, prospective employees and third parties (customers/clients/suppliers) a new way to deal with complaints.
The Fair Work Commission and the Fair Work Ombudsman are responsible for implementing the prohibition of sexual harassment and resolving disputes.
Individuals will have a choice to pursue their complaints (make a claim to resolve dispute) through the Fair Work Commission, the Australian Human Rights Commission or the applicable state and territory anti-discrimination processes.
The changes come into effect on 6 March 2023.
Prepare for changes effective 6 March 2023
All businesses (regardless of size):
Where to start?
The culture of your workplace
The culture of your workplaces is shaped by the worst behaviour you are prepared to tolerate/accept.
For good reason, you can no longer afford to tolerate people that engage in behaviour(s) that constitute sexual harassment or, for that matter, any other form of unacceptable behaviour.
If you choose to do nothing, you may not be in a position to appropriately manage complaints. You may be held vicariously liable for the actions of a person in your business or a person associated with your business, that engages in behaviour(s) that constitute sexual harassment, sex discrimination and/or victimisation.
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