Larissa Waters (Queensland, Australian Greens) Share this | Hansard source

[by video link] I'll make some very brief remarks, but I'll state at the outset that the Greens will be supporting each of these amendments that are being moved together tonight.

I'll start off with some brief comments on sheet 1385. These amendments would enable representative actions to be taken. These are very important amendments—again, the Greens had amendments to the same effect drafted, but these are the ones that have been moved. Addressing sexual harassment issues at a systemic level would help relieve the burden on individual workers to pursue complaints. Particularly where an employer is a repeat harasser, representative action on behalf of two or more employees can encourage cultural change. It should not be left up to workers to individually pursue complaints and potential court action as the only remedy available to them. Representative actions must be allowed to be taken. That's exactly what Commissioner Jenkins recommended, for the very reason that it is an enormous burden on the shoulders of workers, particularly young, junior, female workers, who find it unthinkable—and that's why we see so few complaints. We could fix that with representative action, so that unions or other representative bodies could—with the full consent, of course, of the complainants—take the action on their behalf. That would be a delivery of justice, and any opposition to this amendment is a denial of access to justice. For many workers, they want the harassment to stop. They don't want to be named as the victim. Importantly, these amendments require the consent of every person covered by a representative action. We are in strong support of the amendments on sheet 1385.

Moving to sheet 1381, these amendments propose a dispute resolution process which would make it simpler for complaints to be dealt with under the Fair Work Act. Workers who are sexually harassed need access to fair, effective and efficient complaints mechanisms. Not only is there a need for a clear prohibition on sexual harassment and sex-based harassment, as recommended by Commissioner Jenkins in the Respect@\Work report, but there's also a need for a complaints process in the Fair Work Act which is available to all workers who seek a remedy through the Fair Work Commission for current or past sexual harassment. I understand these amendments were drafted based on the process for dealing with unfair dismissal claims. Essentially, they propose a simplified process to minimise trauma and to expedite outcomes for all parties. We will be supporting the amendments on sheet 1381, and I would urge the government to do the same—although it's not going to happen, sadly.

The final amendments are on sheet 1399, which, again, we support, and which propose stopping sex-based harassment orders. As folk understand, the bill provides some good enforcement options to allow workers to apply to the Fair Work Commission for stop-harassment orders when they're subject to sexual harassment. But the bill doesn't provide the same option for workers affected by sex-based harassment, as it should. These are technical amendments, as Senator McAllister described them. I hope it is just an oversight by government. I can only form the conclusion that the government in fact does not really want to be dealing with issues of sexual harassment in the workplace. Otherwise, why would it have bowled up a bill that so roundly ignores many of the key recommendations in the Respect@Work report?

We here collaboratively are giving the government the chance to legislate the full suite of 55 recommendations. These amendments cover off on all the recommendations that the government has ignored. It's incredibly disheartening, but perhaps not surprising, to see the government vote against them at every turn. It beggars belief that you would ask for such a report to be written and then draft a bill that bears so little resemblance to it and still try to claim that you're addressing the problem. Nobody believes you. Do better.