Government Must Ratify International Convention on Violence and Harassment and Commit to Recommendations in Respect@Work Report

Mich-Elle Myers, ALP National Vice President
25 November 2020

 

The Australian Labor Party National Vice President Mich-Elle Myers today calls on the Morrison Government to use the 16 days of activism for the elimination of Violence against women to:

  • Ratify ILO convention 190 – Violence and Harassment in the World of Work and;
  • Adopt the recommendations from the Respect at Work Report from the Sex Discrimination Commissioner’s 18-month Inquiry into Sexual Harassment at work

The Federal Government is being urged to ratify the International Labour Organisation’s ground-breaking Convention on Violence and Harassment, bringing into force the global legislation that seeks to end violence and harassment, including gender-based violence and harassment, at work.

In addition to this the government must commit to the full recommendations from the Respect@Work report from the Sex Discrimination Commissioner’s 18-month Inquiry into Sexual Harassment at work.

The ILO Convention was adopted at the ILO International Labour Conference in June 2019, with the Australian Government delegation — which included Minister for Employment Michaelia Cash — voting in favour. Australian worker and employer representatives also voted in favour of the Convention.

Despite supporting the Convention, the Federal Government has failed to ratify it, which is required to bring the legislation into force.

This ground-breaking Convention recognises the fundamental right of every worker to be free from all forms of violence and harassment at work, regardless of their employment type. This includes volunteers, contractors, casuals, trainees and apprentices.

It recognises family and domestic violence is a workplace issue and sets out specific measures to protect workers. It also protects against violence and harassment at work, including while commuting to and from work, and through information and communications technologies.

It highlights that workers in some sectors, such as health, transport, education, or those working at night or in isolated areas, may be more exposed to violence and harassment and therefore need special protections.

Respect@Work Report
The federal government must release its long delayed response to the recommendations of the Respect@Work report released in March.

Only one of the key recommendations for reform from Respect@Work (the Sex Discrimination Commissioner’s national inquiry into sexual harassment) was supported: the creation of a ‘Respect@Work Council’ to provide advice to the government. There is no information about whether workers and their representatives will be part of the membership of this body, or how its creation will make women safer at work.

The key recommendations from the report are:

  • A new capacity for the Fair Work Commission to deal with workplace sexual harassment and discrimination
  • A Model WHS Regulation which addresses psychosocial hazards at work, including risks of violence and harassment
  • A commitment to ratify the ILO Convention on Violence and Harassment 2019 (C.190).
  • The Sex Discrimination Act 1984 (SDA) should be strengthened, including by empowering and resourcing the Sex Discrimination Commissioner to conduct own motion inquiries into particular sectors, industries or workplaces.

 
Australian Labor Party Vice President Mich-Elle Myers said:
Attorney-General Christian Porter and Minister for Women Marise Payne must urgently commit to ratify the Convention on Violence and Harassment to ensure all Australian workers are free from violence and harassment, including physical and verbal abuse, psychosocial risks and abusive work practices.

This ground-breaking Convention needs to be ratified by the Federal Parliament as a first step in ensuring Australian workplaces are healthy, safe and respectful for everyone.

The practical steps that are clearly laid out in the Convention, for both governments and social partners, are essential for ensuring greater protections are provided for all workers, whether they are in the formal or informal economy.

This Convention outlines a plan to eliminate violence and harassment in the world of work, but it requires the Australian Government to take the next step to achieve the worthy goal of eliminating violence and harassment at work.

The government must also respond to the recommendations of the Respect@Work report released in March.


WEDNESDAY 25 NOVEMBER 2020