Legislative Overview for Leadership Team

Historically safety laws related to physical safety and were managed by the ‘safety team’ and EEO laws related to how people treated each other and were managed by HR. This has now changed with the new WHS Act and related Codes of Practice and the new Respect at Work Act. In addition, all directors, and officers (defined very broadly) of an organisation must exercise due diligence in relation to safety and must demonstrate they have taken reasonable and proportionate measures to eliminate sexual harassment, sex-based harassment, hostile workplace environment, gender discrimination and victimisation.

Overview

Are you aware of how the safety laws and EEO laws have changed in the last two years? And what your responsibilities as a senior leader to know, understand and apply these changes looks like?

This half or full day session clearly explains how safety and EEO laws have changed, what the changes look like at an Executive level and on the ground and how to be compliant in both.

Who is this course for?

This is an essential course for anyone in a senior leadership position such as the CEO, COO, CFO, GM, Executive Officers, Directors, and any other senior leader who has control/decision making power over part or all of the running of the organisation.

Course Description

This half or full day session provides an overview of the compliance requirements as outlined in the WHS Act and related Codes of Practice, the old but current EEO requirements under, ‘all reasonable steps’ and the new requirements under the Respect at Work positive duty guidelines.

What you will learn

  • Legislative overview in relation to the laws related to how people treat each other (from a safety and EEO perspective, especially the new definitions of sex-based harassment and hostile workplace environment.)
  • How the WHS legislation/regulations/codes interact with the EEO Laws related to workplace behaviours.
  • The requirements under the Respect at Work Act 2022 (Cth) and the positive duty guidelines.
  • The extra legal requirements for Directors and Officers under the WHS Act 2020 (WA)
  • Overview of what your managers/supervisors will learn and what questions you can ask them from an accountability perspective.
  • Duty of care and what happens to confidentiality because of this.

You will also get

  • Risk audit tool which combines all three requirements.
  • In conjunction with your organisation an outline of what you are doing in relation to the requirements.
  • Facilitated discussion around any gaps and how to address these.

What people say about this course

LandgateManager

Great learning material, quite a dry and legislative subject made interesting andunderstandable.

LandgateManager

Really appreciate the way definitions and legislations were explained.

LandgateManager

Franca’s communication style is outstanding. She conveyed the legal requirements very well and was very enthusiastic and entertaining.

LandgateManager

Great facilitator and examples on real life scenarios. Very worthwhile sessions to assist teams and organisations in understanding role and requirements of changes of Act.

AdvocareManager

Incredibly important information delivered in a professional, concise and interactive format.

Public Courses

Our next public courses in Perth are as follows:

Contact Officer Workshop

Date: 13th August 2024
Venue: Virtual
Course Information »

Grievance Officer Workshop

Date: TBC
Venue: TBC
Course Information »

Grievance Officer Report Writing Workshop

TBC
Course Information »

Mailing List

To receive our regular updates, join our mailing list:

    Create Psychosocial Safety in Your Workplace

    WHS laws state that employers (PCBU) are responsible to address and protect their workers from psychosocial hazards in the workplace such as fatigue, burnout and traumatic events. Good quality stress reduction and wellbeing training in the workplace is a key strategy to meeting these health and safety regulations. We provide actionable strategies to manage these hazards.

    Overview

    Do you have people in your team who are stressed out and under performing? Did you know that employers have a legal responsibility to manage any risks to wellbeing in the workplace? This course equips people to identify when they are at risk, even more importantly, what to do about it.

    Who is this course for?

    This is an essential course for anyone who experiences stress at work. It helps managers understand their Duty of Care and helps employees understand their personal responsibility in managing their own wellbeing.

    Course Description

    In a fun, full, engaging, hands on session, participants are taken through all of the key factors to consider when managing psychosocial safety in the workplace. They are given the basic tools to create personal resilience and psychological safety at work.

    What you will learn

    • The fundamentals of creating internal psychosocial safety
    • The fundamentals of creating external psychosocial safety within the workplace culture
    • A basic understanding of brain chemistry and how to manage the human stress response
    • The science of burnout and how to create conditions to promote resilience and productivity.

    You will also get

    • A tailored program to support your teams needs
    • Useful checklists for assessing your risk
    • A tool kit of strategies to improve wellbeing
    • A cheat sheet of key learnings

    Public Courses

    Our next public courses in Perth are as follows:

    Contact Officer Workshop

    Date: 13th August 2024
    Venue: Virtual
    Course Information »

    Grievance Officer Workshop

    Date: TBC
    Venue:TBC
    Course Information »

    Grievance Officer Report Writing Workshop

    TBC
    Course Information »

    Mailing List

    To receive our regular updates, join our mailing list:

      Discrimination Poster

      Workplace Bullying Poster

      Flowchart for Managing Workplace Issues

      Sexual Harassment Poster – “Just a joke”

      Latest Posts

      What’s been happening in Australia in relation to sexual harassment, discrimination, and bullying from 13 May -19 May 2024

      Dismissed for posting negative comments about management The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim lodged by a worker against her employer, a hotel. She worked as a casual sales representative and bar supervisor.  The employer met with the employee to address performance issues such as sending herself […]

      Proactive or Reactive – Managing Unlawful Behaviour in Workplaces

      In today’s world, where workplace dynamics are under constant scrutiny, unlawful behaviour demands urgent attention because it is more prevalent than you might imagine.   A recent report released by Lloyd’s Register Foundation found that Australia has one of the highest rates of workplace violence and harassment in the world, with[…..]

      EEO Workshops

      Definition of Discrimination

      Franca mentioned that when going through the video library there were a few videos that said video unavailable – can you please find them and get them back up?

      6 Easy to learn principles

      Governor Andrew Cuomo’s resignation speech is the perfect example of why people sometimes accidentally cross the line and say and do things that are inappropriate and unlawful.

      Our Dobbing Culture

      Workplace culture is just the collection of all the things we say and do at work. When you see a colleague do something inappropriate in the workplace, it is both for that colleagues’ benefit and for the benefit of the workplace as a whole that you do something about it.

      Power Imbalance

      As sexual harassment allegations continue to flow out of parliament, we look at a key factor involved in many sexual harassment cases, power imbalance.

      Larrikin or Larry Can’t?

      This play explores why good people sometimes get it wrong and cross the line into sexual harassment.

      Workplace Banter

      When is banter just banter and ok and when does it cross the line into bullying? A great question which Franca answers in the video below.

      EEO Workshops

      We love working with our partner The Experience Lab to deliver content which is both engaging and interactive. Watch this video to find out more.

      Principles of EEO Workshops – Video 1

      In our EEO workshops, Franca teaches 5 over-arching principles, the first of which she discusses in this video. Stay tuned for a 2nd video which discusses the other 4 principles.

      Principles of EEO Workshops – Video 2

      In this second video, Franca discussed the remaining 4 principles she covers when conducting EEO workshops.

      Fact-Story Looping

      In this video, Franca explains what Fact-Story Looping is. Watch here to find out more.

      How to Stop the Fact – Story Looping

      Franca gives you 4 options of what you can do to avoid the fact-story looping.

      Having a Repair Conversation

      What do we do after the conversation we had with someone went badly? Listen how to have a repair conversation with the person

      What’s been happening in Australia in relation to sexual harassment, discrimination, and bullying from 13 May -19 May 2024

      Dismissed for posting negative comments about management The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim lodged by a worker against her employer, a hotel. She worked as a casual sales representative and bar supervisor.  The employer met with the employee to address performance issues such as sending herself on breaks during peak trade, closing the bar without approval, customer complaints, and not arriving to shifts on time. The worker also used social media platforms to vent her opinions about the management team even after being spoken to about what constituted appropriate social media usage.  The FWC addressed two issues – one was whether the worker could make an unfair dismissal claim given she was employed on a casual basis. The other was whether the employer had valid reasons[…..]

      Proactive or Reactive – Managing Unlawful Behaviour in Workplaces

      In today’s world, where workplace dynamics are under constant scrutiny, unlawful behaviour demands urgent attention because it is more prevalent than you might imagine.   A recent report released by Lloyd’s Register Foundation found that Australia has one of the highest rates of workplace violence and harassment in the world, with an average of 49.1% (compared to 21% globally). There is clearly much we all need to do to make workplaces in Australia safer.  The safety laws and the Respect at Work Act 2022 created significant changes to what constitutes unlawful behaviours and place greater responsibilities on employers.   While reactive measures have traditionally been the norm, there’s a compelling case to be made for proactive approaches in addressing these pervasive issues. This blog delves into why it’s essential to be proactive[…..]

      General Library

      Australian Human Rights Commission Set the Standard Report

      Hot off the press is the Set the Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces. You can hear more about this in my video blog.

      Making Sense of The Respect@Work Changes

      Franca talks through the various definitions and helps to make sense of the Respect@Work changes.

      An Overview of the Respect@Work Act

      Are you wondering what the Respect@work Act means for you from a compliance perspective? Franca answers your questions here.

      Reactions to Workplace Issues

      Franca shares some ideas on how to be an active participant in your workplace.

      Respect At Work Bill

      Good news! The Federal Respect At Work bill has now been passed by Parliament and is likely to come into effect in the next couple of weeks.
      There is one part of the changes in legislation that I think is significant and fills a legal gap and that is sex based harassment. Watch the video to find out more.

      Online Compliance Training

      Online Module for Workplace Bullying

      Online Module for Workplace Discrimination

      Online Module for Workplace Sexual Harassment

      Speech by The Honourable Justice Peter Quinlan Chief Justice of Western Australia

      The recent speech of The Honourable Justice Peter Quinlan Chief Justice of Western Australia at an event of ours last week has left me feeling encouraged. There is a wave of change that is happening across Australia in relation to finally seeing and responding to sexual harassment.

      Sexually Suggestive Poster

      A recent case involving a sexually suggestive poster is one example of a shift I am seeing in Australia in relation to the way courts are addressing workplace sexual harassment.

      BlueScope Steel Discrimination Exemption

      I want to give a shout out to BlueScope Steel for going through the legal process to get a discrimination exemption which will allow it to prioritise the recruitment of female workers. With only 12% of its workforce female, it is wanting to proactively target the employment of women in an attempt to address previous historical practices and unconscious bias.

      Training For Australian Parliaments

      I have just read the tender documents for the training to be rolled out across Australian parliaments. I work in the space of behavioural change related to sexual harassment and bullying. I have spent 13 years in this space and I can tell you that a 1 hr, non-compulsory session to MP’s will achieve very little towards changing the culture in Parliament.

      Risk Profile Tool

      If you want to be proactive in addressing possible sexual harassment issues in your workplace and be involved in partnering with us to change behaviours for the better, then contact Franca to find out more about our 10 question Risk Profile Tool.

      Social Media Policy and Code of Conduct

      Franca discusses how a recent case highlights the importance of employers having a detailed Social Media Policy and Code of Conduct.

      Workers Compensation Claims

      Franca discusses the new data from Safe Work Australia related to substantiated workers’ compensation claims involving mental stress.

      AHRC Review

      The Australian Human Rights Commission’s Independent Review into Commonwealth Parliamentary Workplaces is now open for submissions until 31 July 2021.

      The Australian Legal Profession

      Call to the Legal Profession to step up and become leaders in the area of best practice around eliminating workplace sexual harassment, bullying and discrimination.

      Behaviour in Parliament

      What will it take for Parliament specifically and workplaces generally to create an environment where they do care, you can tell and you will be supported.

      Harmony Day

      Harmony day was celebrated on 21st March. It coincides with the United Nations International Day for the Elimination of Racial Discrimination. A good time to pause and reflect on what harm racial discrimination has caused and each of our contribution to being the change.

      Holding People To Account

      If the motive for sexual harassment is about exerting power over another person, or based on a sense of entitlement that I can treat this person however I want, then this behaviour is harder to change through education alone and requires a workplace that lives out a zero tolerance approach through holding people to account.

      Sharing Sexual Harassment Experiences

      Most people don’t talk about their experiences of sexual harassment. Franca shares hers in the hope that those who don’t sexually harass others will realise what happens, those that have done it as a joke, realise humour doesn’t make it ok and those who have also experienced it feel like they can share their experiences.

      Preventative Training

      How to be proactive in managing your workplace behaviours.

      Eliminating Sexual Harassment In The Workplace

      The road to eliminating sexual harassment in the workplace begins with the recruiting process.

      Latest Posts

      What’s been happening in Australia in relation to sexual harassment, discrimination, and bullying from 13 May -19 May 2024

      Dismissed for posting negative comments about management The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim lodged by a worker against her employer, a hotel. She worked as a casual sales representative and bar supervisor.  The employer met with the employee to address performance issues such as sending herself[…..]

      Proactive or Reactive – Managing Unlawful Behaviour in Workplaces

      In today’s world, where workplace dynamics are under constant scrutiny, unlawful behaviour demands urgent attention because it is more prevalent than you might imagine.   A recent report released by Lloyd’s Register Foundation found that Australia has one of the highest rates of workplace violence and harassment in the world, with[…..]

      Coaching

      Creating a Support Network

      It is so important to find and create your own support network, especially when you are wanting to implement change in your life.

      Mood Framework

      Our mood and emotions are a precursor to our actions. Listen to Franca explain that in more detail.

      Shifting Moods

      How can you shift yourself or someone else out of a destructive mood? Franca shares some insights from an Ontological Coaching perspective.

      Latest Posts

      What’s been happening in Australia in relation to sexual harassment, discrimination, and bullying from 13 May -19 May 2024

      Dismissed for posting negative comments about management The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim lodged by a worker against her employer, a hotel. She worked as a casual sales representative and bar supervisor.  The employer met with the employee to address performance issues such as sending herself[…..]

      Proactive or Reactive – Managing Unlawful Behaviour in Workplaces

      In today’s world, where workplace dynamics are under constant scrutiny, unlawful behaviour demands urgent attention because it is more prevalent than you might imagine.   A recent report released by Lloyd’s Register Foundation found that Australia has one of the highest rates of workplace violence and harassment in the world, with[…..]

      Contact & Grievance Officers

      Contact Officer – Video 1 – What the role of a Contact Officer is

      What you can and can’t do as a Contact Officer.

      Contact Officer – Video 2 – Informal vs formal

      The 6 questions to assess the most suitable option for the complainant/organisation to take.

      Contact Officer – Video 3 – What is the best option?

      Narrowing down to one or two of the “best” options.

      Contact Officer – Video 4 – I’ve Noticed Script

      A script the complainant can use if they decide to approach the respondent.

      Contact Officer – Video 5 – Structure of a conversation with a Complainant

      Covering off the information necessary at the beginning, middle and end of the conversation with the complainant.

      Contact officer – Video 6 – Speaking with the Respondent

      Your role is to be available to speak to the respondent also.

      Contact Officer – Video 7 – Natural Justice

      The 4 over-arching principles of natural justice.

      Workplace Contact and Grievance Officers

      What is the difference between a workplace Contact Officer and a workplace Grievance Officer? Listen to Franca explain it here.

      Grievance Officer vs an Investigator

      What is the role of a grievance officer vs an investigator?

      What’s been happening in Australia in relation to sexual harassment, discrimination, and bullying from 13 May -19 May 2024

      Dismissed for posting negative comments about management The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim lodged by a worker against her employer, a hotel. She worked as a casual sales representative and bar supervisor.  The employer met with the employee to address performance issues such as sending herself on breaks during peak trade, closing the bar without approval, customer complaints, and not arriving to shifts on time. The worker also used social media platforms to vent her opinions about the management team even after being spoken to about what constituted appropriate social media usage.  The FWC addressed two issues – one was whether the worker could make an unfair dismissal claim given she was employed on a casual basis. The other was whether the employer had valid reasons[…..]

      Proactive or Reactive – Managing Unlawful Behaviour in Workplaces

      In today’s world, where workplace dynamics are under constant scrutiny, unlawful behaviour demands urgent attention because it is more prevalent than you might imagine.   A recent report released by Lloyd’s Register Foundation found that Australia has one of the highest rates of workplace violence and harassment in the world, with an average of 49.1% (compared to 21% globally). There is clearly much we all need to do to make workplaces in Australia safer.  The safety laws and the Respect at Work Act 2022 created significant changes to what constitutes unlawful behaviours and place greater responsibilities on employers.   While reactive measures have traditionally been the norm, there’s a compelling case to be made for proactive approaches in addressing these pervasive issues. This blog delves into why it’s essential to be proactive[…..]

      Performance Management

      Underperformance Management

      Circles of Human-ness/Judgement.

      Underperformance Management

      Core Identity.

      Underperformance Management

      Delivering Bad News: How to Set up the Conversation for Success.

      Underperformance Management

      How to Have a Difficult Conversation Well.

      Underperformance Management

      Breathing: Breathe deeply, make yourself and the other person a cup of tea!

      Underperformance Management

      Nonverbal Techniques: Credible or Approachable.

      Underperformance Management

      From Doing Nothing to Firing- How do you work out which one to use?

      Underperformance Management

      Using the I’ve noticed script.

      Underperformance Management

      Ways of Escalating Informal Performance Management.

      Underperformance Management

      Legal Bits: Disability, Bullying and Unfair Dismissal.

      Latest Posts

      What’s been happening in Australia in relation to sexual harassment, discrimination, and bullying from 13 May -19 May 2024

      Dismissed for posting negative comments about management The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim lodged by a worker against her employer, a hotel. She worked as a casual sales representative and bar supervisor.  The employer met with the employee to address performance issues such as sending herself[…..]

      Proactive or Reactive – Managing Unlawful Behaviour in Workplaces

      In today’s world, where workplace dynamics are under constant scrutiny, unlawful behaviour demands urgent attention because it is more prevalent than you might imagine.   A recent report released by Lloyd’s Register Foundation found that Australia has one of the highest rates of workplace violence and harassment in the world, with[…..]

      Managing Workplace Issues

      Managing Complaints

      A much better option to conducting a formal investigation is to train up managers and supervisors within a workplace to know how to detect and manage early on a problem between their staff so that it never gets to the point of a formal investigation.

      Constructive Dismissal

      A recent case in the Fair Work Commission reminds us about the possibility of constructive dismissal from an employee and what an employer can do to prevent it from being successful. You can listen in more detail to this on the video blog below.

      A Position of Authority

      The courts make it clear that people in a position of authority are role models within their workplace and the standard expected of them is higher than the standard of those not in a similar position. Secondly, where the behaviour comes from a person in a position of authority, there is an “implied” unwelcomeness.

      If you feel your workplace could benefit from training in this area, contact us.

      Curious Conversations

      Having a non-judgemental, curious conversation with a member of staff when you notice a behaviour which was not up to standard.

      Closing the Communication Loop

      When a witness tells a manager that they have seen something inappropriate happen at work it is so important that a manager closes the communication loop with the witness- here’s how a manager can do this.

      Grievance Management

      Informal vs Formal Grievance Management: What is the difference?

      How to Manage Workplace Issues

      Some tips for people in a supervisory position on how to manage potentially inappropriate workplace behaviours.

      Is it a “live” issue?

      What do you need to find out from the complainant, in order to assess if the issue is a ‘live’ issue?

      Informal Options

      Informal options for managing workplace issues.

      “Private” Conversations

      How to avoid being stopped in the hallway to have a ‘private’ conversation with someone.

      Limited Confidentiality

      How does a manager let an employee know they may have to do something to stop someone acting inappropriately even if the employee doesn’t want them to?

      Duty of Care

      Duty of care always trumps confidentiality.

      Complaint Management Policy and Procedure

      Hear Franca explain why a detailed Complaint Management Policy and Procedure is essential for all workplaces.

      Informal Options for Managing Workplace Issues

      If only you knew how many informal options there are for managing workplace issues- listen and find out about them.

      Duty of care always trumps confidentiality

      What do you do when an employee comes to you and wants to tell you what is happening at work but as soon as you explain your duty of care requirements that shut down?

      Types of factors that contribute to workplace issues

      It’s important that when an employer is addressing a problem situation, they look at all the factors that contributed to the situation arising in order to come up with a wholistic solution to ensure the situation will not occur again.

      Separating the person from the problem

      You may have heard the concept- separate the person from the problem and focus on the problem. Watch Franca discuss the concept here.

      The I’ve Noticed Script

      One of the skills I teach employees to be able to do when they have a problem with a work colleague is to have a low level curious conversation with the colleague about their behaviour.

      Appropriate Vulnerability

      Listen to Franca discuss appropriate vulnerability and why she thinks it’s something important for managers to do with their employees.

      Employer Responsibilities

      Franca shares some advice for the upcoming end of year/Christmas functions.

      Managing Workplace Issues – Video 1 – Proactively Tracking Employees

      Tracking your staff on a weekly basis and being proactive in addressing any possible work related issues.

      Managing Workplace Issues – Video 2 – When to act and what to do with answers

      How to set up a conversation with the complainant.

      Managing Workplace Issues – Video 3 – Options for managing workplace issues

      When you are resolving a workplace issue you have a range of useful informal options available to you.

      Managing Workplace Issues – Video 4 – Duty of Care Requirements

      Mentioning duty of care requirements at the beginning of a conversation.

      Managing Workplace Issues – Video 5 – Conversation with the Respondent

      Structure for the things you would want to cover off with the respondent.

      Managing Workplace Issues – Video 6 – Natural Justice

      The 4 over-arching principles of natural justice.

      Latest Posts

      What’s been happening in Australia in relation to sexual harassment, discrimination, and bullying from 13 May -19 May 2024

      Dismissed for posting negative comments about management The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim lodged by a worker against her employer, a hotel. She worked as a casual sales representative and bar supervisor.  The employer met with the employee to address performance issues such as sending herself[…..]

      Proactive or Reactive – Managing Unlawful Behaviour in Workplaces

      In today’s world, where workplace dynamics are under constant scrutiny, unlawful behaviour demands urgent attention because it is more prevalent than you might imagine.   A recent report released by Lloyd’s Register Foundation found that Australia has one of the highest rates of workplace violence and harassment in the world, with[…..]

      Workplace Disability Play

      ‘Connor’s Hard Work’ is an interactive, theatre-based experience about workplace disability, how to navigate the complexity, and to support employees legally and ethically.

      The play was created to provide a safe and impactful environment where participants experience a range of emotions through watching the characters interact with each other and the audience.

      This play can be performed as a 2-hour stand-alone experience, or it can be incorporated into the half day EEO and anti-bullying workshop. The aim is to provide an engaging, impactful and memorable alternative to the often dry, power-point presentations.

      Public Courses

      Our next public courses in Perth are as follows:

      Contact Officer Workshop

      Date: 13th August 2024
      Venue: Virtual
      Course Information »

      Grievance Officer Workshop

      Date: TBC
      Venue: TBC
      Course Information »

      Grievance Officer Report Writing Workshop

      TBC
      Course Information »

      Mailing List

      To receive our regular updates, join our mailing list: