The Queensland Government just passed historic laws this week to protect workers from discrimination, vilification, sexual harassment, victimisation and other unlawful behaviours, but both of Australia’s peak retail bodies are calling for direct action against retail staff abuse.
The new Respect at Work laws will particularly protect workers against sex-based discrimination and harassment and challenge attitudes leading to domestic and family violence.
A new aggravating sentencing factor will also apply where an adult offender has used violence against or caused physical harm to a person in their workplace. This includes sexual assaults that occur in the workplace.
The new laws also include a positive duty on employers to take reasonable and proportionate measures to eliminate discrimination, sexual harassment and other unlawful conduct under the Anti-Discrimination Act 1991.
The time limit for making a complaint to the Queensland Human Rights Commission about matters of harassment, and discrimination will also be extended from one year to two years.
All these changes mean that sentencing judges in QLD must take into account the fact that an assault took place in a workplace as an aggravating factor, which typically results in longer sentences.
The Miles Labor Government confirmed that the enhancements to Queensland’s laws will not change any existing exemptions for expressions of faith and belief, under the Anti-Discrimination Act 1991.
The State Government added it is committed to implementing all recommendations from the Queensland Human Rights Commission’s Building Belonging Report, with a second stage of reforms to occur following additional consultation.
“I will always do what matters to ensure Queensland workers have safe and productive workplaces,” Premier Steven Miles said.
“Sadly, we know that across all reported victims of sexual offences, 28.6 per cent of the offenders are an acquaintance, friend, neighbour or colleague.
“It’s simply unacceptable that this sort of harassment could take place in the workplace, which is why I’m sending a clear message that it must stop.
“My message to Queenslanders is simple – we hear you, we see you and we will do what matters to protect you.”
Miles said the new laws now put the onus on an employer to take reasonable steps to eliminate and prevent discrimination and sexual harassment in the workplace.
“It’s just one of many important protections that are now law,” he said.
The Australian Retailers Association (ARA) and National Retail Association (NRA) have both welcomed the Respect at Work laws, but said more needs to be done.
ARA CEO Paul Zahra said the industry would like to see specific penalties for people who are abusive or aggressive towards retail workers, and further noted that New South Wales, South Australia and Western Australia currently have these retail-specific laws.
“This has been an important area of advocacy and we welcome QLD’s commitment to workplace safety that will see harsher penalties for offenders who assault people at work,” Zahra said.
“While this legislation is a step in the right direction, we want to see harsher penalties for people committing violence in retail-specific work settings.
“No one should go to work fearing for their safety, but unfortunately this is the reality for many retail workers.”
NRA interim CEO Lindsay Carroll said this new legislation has brought QLD broadly in line with the provisions introduced in the Northern Territory last year, which apply to all workplace settings.
“NSW, SA and WA have set the benchmark by adding harsher penalties for offenders committing violence against retail workers specifically,” Carroll said. “We would like QLD to follow this model.”
Speaking on the sex-based discrimination in the workplace, Minister for Women Shannon Fentiman said this is particularly affecting women compared to men.
“We want all Queenslanders to feel safe in their workplace and supported appropriately when reporting sexual harassment, sexual assault, or discrimination,” Fentiman said.
“We know that women are more likely to experience this and that men are more likely to be the harasser.
“It is critical that our community understands that sexual harassment isn’t just a women’s issue, it is a whole of community issue, and we all have a role to play in creating change.”