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By Anna Pannuzzo, WorkPlacePLUS An extended version of this article was originally published in Speak Out Magazine The probationary period or “trial period” of employment provides a crucial opportunity for the employer to assess the suitability of their new employee, and for the new employee to decide if the job is right for them. The duration of a probationary period is typically be six months. An employer can not automatically extend a probationary period. When the probationary period is managed well, an extension of the six months should not be necessary. Employers considering extending a probationary period should seek professional advice as a number of factors need to be considered. Employees on probation should receive their normal entitlements per their employment contract, including accruing and accessing paid annual leave and sick leave. If the new employee does not pass their probation, or if they decide that the job isn’t right for them, they are still entitled to have their unused accumulated annual leave hours paid out. Onboarding or induction process Conducted within the first few days of employment, an onboarding or induction process is designed to familiarise new staff with your workplace culture and the way things operate. Onboarding may include an introduction to: • organisational vision, mission, values and culture • policies and procedures including code of conduct • key stakeholders, key contacts and co-workers within the organisation • access to technology and/or workspaces • the scheduling of regular probationary reviews It is advisable to have an induction policy and checklist - and follow these! To manage a probationary period successfully, the employer must set clear expectations and key result areas from day one. These measures must align with both the position description and the organisational goals, values, policies and standards. During the induction process, it is advisable to keep a copy of the position description on hand and be prepared to ask or answer a range of questions. Probationary reviews An induction process should include some very important dates for follow-up meetings known as probationary reviews. These should be conducted using open, honest, two-way communication. During the first two weeks, the employer should meet frequently with the new employee to establish and reinforce a mutual understanding of the expectations and key result areas. During the months that follow, regular probationary reviews serve to develop the professional manager-employee relationship, provide a safe setting for giving and receiving feedback, and allow the employer to assess whether this person fits the work culture and is capable of fulfilling their responsibilities. These probationary reviews should be scheduled at two months, four months, five months and finally at six months, at which time the employer should confirm whether or not the employee has passed their probationary period. Probationary reviews and regular check-ins are very important, not only for positive reinforcement, trust building and tracking key result areas, but also for allowing employers to notice emerging issues or unusual behaviours before they escalate. What if it’s not working out? If you find that your new employee does not fit in with your workplace culture and does not have the right attitude, it is advisable to attend to this during their probationary period. You have the right to terminate the employment arrangement during the probationary period, as long as you are being fair and have applied your HR policies and relevant legislation. However, termination during the probationary period should not come as a surprise! It is very poor practice to allow problems or tensions escalate and say nothing for the entire probationary period, only to then invite the person to attend a meeting on the last day or two of their probation, where you terminate their employment. Best practice is to establish regular check-ins from the get-go, for feedback and performance management. Make sure you take notes of each meeting. For more information, please contact us today.

By Anna Pannuzzo, WorkPlacePLUS An extended version of this article was originally published in Speak Out Magazine Proper handling of workplace issues “Procedural fairness” is the best practice way of handling workplace conflict. Following procedural fairness is not only ethical, it also helps mitigate business risk. The Courts, WorkCover and tribunals such as the Fair Work Commission will look more favourably upon an employer who has tried to follow best practice standards, such as procedural fairness, when addressing workplace issues and employment matters. Key elements of procedural fairness for workplace issues: ➤ Take staff seriously – respect their questions, concerns, complaints or feedback. ➤ Respond in a timely manner – always address issues without delay, never ignore workplace issues. ➤ Investigate any allegations, concerns or assumptions – do your due diligence, engage in fact-finding, collect evidence, take notes. ➤ Treat the investigation fairly and confidentially – follow the rules of evidence such as relevance and accuracy, and try to remain objective. In some cases, an independent investigator is the best option. ➤ Schedule a meeting and give the employee a chance to prepare – when planning to discuss an important matter, give plenty of prior notice and be transparent about the reason for meeting. Employees must be told about the issue or concern and be given enough information to be able to participate meaningfully in the discussion and decision-making process. ➤ Offer the option of bringing a support person – employees have a right to bring a support person to the meeting e.g. a friend, relative or colleague. ➤ Explain any concerns to the employee – without making accusations or assumptions. ➤ Offer time to respond – employees have a right to respond and to voice their concerns, but they also have the right to take some time to consider their response. ➤ Provide a timeframe for any decisions – discuss and agree on the next steps, which may include scheduling a follow up meeting, investigating further or explaining what’s involved in a performance management process. It is important that employers take care of their employees and comply with their own HR policies and processes, such as their Complaints & Grievances Policy, Performance Management Policy and Code of Conduct & Ethics. Reviewing and revising the key elements of procedural fairness will further support employers to make best practice decisions when issues or concerns arise. For more information, please contact us today.

By Anna Pannuzzo, WorkPlacePLUS An extended version of this article was originally published in Speak Out Magazine A workplace mental health policy is an important tool and control measure for preventing mental injury in the workplace and supporting recovery. It provides clear rules and guidance on how a business or organisation manages employee mental health. This could be a stand-alone document or a component of your WHS policy. The 3 main intentions of a workplace mental health policy are: To ensure compliance with relevant legislation, e.g., Work Health and Safety laws, privacy laws, the Respect at Work Act 2022, anti-discrimination laws, etc. To outline your approach to preventing and addressing mental health situations that may be impacted by work related psychosocial risks and hazards. To provide guidance on supporting employee wellbeing and promoting a mentally healthy workplace culture. When developing a mental health policy for your workplace, it is a good idea to start with a charter that recognises the importance of a mentally healthy workplace. Your charter could include commitment statements that reflect your organisations values, for example: • Your commitment to prevention, intervention, recovery and ongoing action • Your commitment to inclusivity, privacy, education and support • Your commitment against mental illness stigma, discrimination and victimisation Another key component of your workplace mental health policy is your strategy. This is the main section of your policy that explains your approach to promoting and maintaining a mentally healthy workplace, including guidance and expectations on how to act in the following scenarios: • Identifying, assessing and controlling psychosocial hazards • Responding to disclosure, reporting incidents, investigating incidents • Mental health emergency management • Making reasonable adjustments to work • Returning to work • Accessing the policy • Communication and consultation • Education and training • Promotion and awareness • Providing support and resources • Monitoring, reviewing and improving the strategy Your workplace mental health policy should also include information on roles and responsibilities, support tools and resources, supporting HR documentation and the relevant HR processes such as risk assessing, incident reporting, making adjustments to working arrangements, making referrals and returning to work. As with any new or revised workplace policy, it is a good idea to consult with an HR professional who can ensure that your workplace mental health policy accurately reflects your workplace culture and complies with current regulations. It is also important to educate your staff on any new or updated policies and address any questions or concerns they may have. ➤ Discover more tools for workplace wellness > For more information, please contact us today.

A vexatious bullying complaint is a false or groundless accusation of bullying made in bad faith that causes distress, detriment or harassment to the subject of the complaint. Vexatious bullying complaints may not be easy to identify. It is important that employers respond consistently to any bullying complaint by following their organisation’s complaints and grievances process and conducting a procedurally fair investigation. Read What is procedural fairness? > At the beginning of an investigation, the employee making the complaint should be advised of the possible consequences of a vexatious complaint, such as disciplinary action or termination of employment. If they then withdraw their complaint, they should not be victimised, but employers should note a red flag in the workplace culture, signally underlying issues that may need to be addressed. When a bullying complaint is determined to be vexatious, it is important for employers to carefully identify areas requiring further consultation and investigation, such as: signs of bullying behaviour signs of misconduct work, health and safety hazards any other new issues that came to light from the initial investigation In addition, vexatious complaints can have a negative emotional impact on all parties involved. It is important to maintain good communication and remind employees of the available support such as an employee assistance program. Addressing a vexatious bullying complaint can be complicated for an employer, and a perceived lack of independence can pose additional risks. In some cases, engaging an external workplace investigator may be the best option. For more information, please contact us today.

During the past few years, organisations have been in crisis mode and extremely focused on daily operations. Training current and upcoming internal leaders may have been a lower priority during this time. In today's ‘COVID normal’ climate, providing your leaders and teams with regular training is key to ensuring their effectiveness in adapting to change, resolving issues, mitigating risk, improving performance, and fostering your work culture. Training and development can also be seen as an organisational benefit which may assist with attracting and retaining staff. Examples of training and development programs offered by WorkPlacePLUS: 🔹 Respect & Responsibility (Bullying, Harassment & Discrimination) 🔹 Family & Domestic Violence 🔹 Contact Officer Training 🔹 Unconscious Bias in the Workplace 🔹 Communication Mastery 🔹 Managing Psychological Safety in the Workplace 🔹 Performance Management Training 🔹 SCHADS: Know Your Award 🔹 Outplacement: Smooth Career Transitions Why choose WorkPlacePLUS? We offer tailored learning outcomes and flexible delivery options. We take the time to understand your unique goals and requirements. For example, we can incorporate your organisation's values and relevant workplace policies. We equip participants with the tools, knowledge and confidence to succeed in their roles. Our programs combine ethical, best practice strategies with direct, expert feedback from our facilitators. We ensure our programs contain the most current employment legislation and regulatory compliance information, plus all the latest evidence-based information and case studies. Our interactive, face-to-face delivery strengthens engagement and allows practical examples to be explored during the training, and participant questions can be answered in real time. The team at WorkPlacePLUS has extensive experience delivering training and development programs to businesses and organisations around Australia, from private practices and SMEs to multi-site hospitals, community organisations, government services, and First Nations organisations and teams. Our facilitators are professional HR consultants. For more information or to book your program, please contact us today.

The Victorian Government has recently announced its plan for “WorkCover Modernisation” to ensure it is financially sustainable into the future and meets the needs of modern workplaces. It is important for employers to be familiar with the changes and ensure that workplace polices and processes are updated accordingly. The WorkCover reforms include: Premiums – The average premium rate will move to 1.8% of remuneration. Establishing Return to Work Victoria – New initiatives will be piloted, designed to improve return to work and prevention outcomes. Return to Work Victoria will also provide injured workers with training and job placement pathways. Eligibility for mental injury claims – Workers who experience stress and burnout will no longer be able to access weekly benefits from WorkCover. Instead, they will be eligible for provisional payments for 13 weeks to cover medical treatment, plus enhanced psychosocial supports and return to work or training pathways. Eligibility for claims lasting longer than two-and-a-half years – A “Whole Person Impairment” of greater than 20% will be required alongside the capacity test for a worker to continue receiving weekly benefits after two and a half years. Planned eligibility changes will come into effect in 2024 and will only apply prospectively. WorkCover will continue to support workers who make claims for mental injuries arising from workplace harassment, bullying and traumatic events, such as those experienced by frontline workers. Prevention is key Return to Work Victoria will support employers to prevent injuries and help them intervene early to address emerging mental health concerns. Please note that under Work, Health and Safety (WHS) laws and the new Respect at Work Act 2022, employers already have a duty to eliminate or minimise psychosocial hazards in the workplace. It is important for employers to review and update their risk management processes and regularly train staff on the organisations policies and processes. Communicating with your staff Under WHS laws, employers have a duty to consult with their workers on matters that impact their health and safety, such as undertaking risk management processes and decisions, proposing or making changes that may affect WHS, or doing any other thing prescribed by WHS regulations. In addition, whenever you make changes to your workplace policies or processes, it is important to communicate these with your staff. As the employer, you are responsible for ensuring that your communication plan is effective i.e. that your messaging has been received and understood. In this case, it is advisable to: Communicate with your staff both verbally and in writing regarding the changes to WorkCover, any changes to your polices and processes, and any actions you are taking to ensure a safe and healthy workplace. Provide ample opportunity for your staff to ask questions, give feedback or voice their concerns. Keep a record of these communications. WorkPlacePLUS can support you to meet your employer obligations and foster a mentally healthy workplace. For more information, please contact us today.

Compliance Alert: Changes to shutdown or “close-down” clauses in awards As part of the Commission’s 4-yearly review of modern awards, the Fair Work Commission (FWC) has varied 78 modern awards by replacing existing shutdown clauses with a new model term. Shutdown clauses relate to an employer’s ability to direct employees to take a period of annual leave where the employer shuts down all or part of its enterprise, for example over school holidays or the Christmas period. Effective 1 May 2023, impacted employers will need to change the way they implement temporary workplace shutdowns. Some of the 78 modern awards impacted include: Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020 Ambulance and Patient Transport Industry Award 2020 Animal Care and Veterinary Services Award 2020 Banking, Finance and Insurance Award 2020 Building and Construction General On-site Award 2020 Cleaning Services Award 2020 Clerks—Private Sector Award 2020 Educational Services (Post-Secondary Education) Award 2020 Fitness Industry Award 2020 Health Professionals and Support Services Award 2020 Higher Education Industry—General Staff—Award 2020 Legal Services Award 2020 Local Government Industry Award 2020 Nurses Award 2020 Pharmaceutical Industry Award 2020 Professional Employees Award 2020 Security Services Industry Award 2020 The new model term varies and updates existing shutdown clauses in a number of ways. In summary, from 1 May 2023: Employers must now provide at least 28 days’ written notice of any temporary shutdown period. The written notice could be a shorter period as agreed between the parties, or a longer period if the term preserves an existing longer notice period. Employers may direct employees in writing to take a period of paid annual leave if the employee has an accrued annual leave entitlement, providing the direction is reasonable. Employees can no longer be directed to take leave without pay if they do not have sufficient annual leave or leave in advance to cover the whole period of the shutdown. Once an employee’s paid annual leave has been exhausted, by written agreement the employee may take unpaid leave or annual leave in advance during the temporary shutdown. Key considerations for employers: Employers should review their applicable awards to see whether the new temporary shutdown provisions apply. Employers should review their policies, processes, documentation, Payroll systems and employee management systems regarding accessing annual leave entitlements, temporary workplace shutdowns and directing an employee to take leave. Employers may need to review their approval process for annual leave requests that fall before planned shutdown periods. Employees who do not have sufficient accrued annual leave to cover the shutdown period may in some circumstances be entitled to wages during the shutdown period if they do not agree to take pay without leave or leave in advance. When calculating the amount of paid annual leave accrued by an employee, employers must consider any leave taken in advance pursuant to the “annual leave in advance” clause. Employers should note that periods of annual leave taken for the purposes of a temporary shutdown do not apply for the purposes of the existing excessive leave provisions contained in modern awards. Employers should provide communications and training to HR and payroll managers and impacted employees regarding the changes to shutdown clauses in applicable awards. This includes accounting for the updated notice periods and requirements to take paid leave. It is important for employers to keep up to date with changes to Australian workplace laws and regulations, including any changes to the awards that apply to their employees. Employers must ensure they are meeting their obligations under these instruments. In particular, employers are required to provide notice and consultation to affected employees before implementing temporary workplace shutdowns. The specific requirements, which depend on the size of the practice and the number of employees affected, must also be included in the employment contract. For more information or assistance, please contact us today.

Please note: some of this content is time sensitive and may be subject to updates and changes. Read Compliance Checklist for Employers > By now, all employers should be aware of the recent changes to the Fair Work Act 2009 launched on 6 December 2022 under the Secure Jobs Better Pay Act 2022. To recap this information, please review the following links: Compliance Alert by WorkPlacePLUS: Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 Infographic by Fair Work Ombudsman: Timeline showing key start dates for changes under the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 A significant number of the changes made by the Secure Jobs Better Pay Act 2022 require employers to revise their employment contracts or agreements and associated workplace practices. These include: Limiting the use of fixed-term contracts Effective 6 December 2023, fixed-term contracts exceeding two years will be prohibited, except for some exceptional circumstances and some modern awards. Employers who regularly engage staff on a series of fixed-term contracts will need to reconsider those practices and take measures to put those staff on continuous contracts. Expanding the grounds for requesting flexible working arrangements Effective 6 June 2023, the right to request flexible working arrangements will expand to include employees who are pregnant, and any employee whose requests have been refused will be able to seek arbitration of a dispute by the Fair Work Commission. Employers should review their protocols for considering and responding to requests for flexible working arrangements. Additionally, employers should ensure that their employment contracts clearly outline the nature of the employment, and the essential requirements of the job, so employees have a good understanding of what kinds of flexibility are feasible, and what kinds of requests will quite reasonably be refused. The end of pay secrecy Staff can now choose to discuss their pay with other staff. Pay secrecy clauses in existing contracts have no effect as of 7 December 2022, and employers can no longer offer new contracts containing pay secrecy clauses. Employers must update their employment agreements and contract templates immediately to reflect these changes. In the vein of pay transparency, it is worth noting that on 8 February2023 the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Bill 2023 was introduced into Parliament. This Bill sets out to publish the gender pay gap of organisations with 100 or more employees. Reporting will commence in 2024, and gender pay gap information will be published on the Workplace Gender Equality Agency (WGEA) website. Sunsetting of zombie agreements Effective 6 December 2023, any employment agreements made before the commencement of the Fair Work Act 2009 that are still in operation will automatically end. Zombie agreements include: agreement-based transitional instruments Division 2B state employment agreements enterprise agreements made between 1 July 2009 and 31 December 2009. Employers who have employees covered by these agreements need to provide those employees with written notification that the agreement will be terminating on 7 December 2023 (unless an application for extension is made to the Commission). The written notice needs to be provided before 7 June 2023 (within 6 months of 7 December 2022). There are a number of further changes under the Secure Jobs Better Pay Act 2022 that will take effect this year. These relate to: • Expanding multi-enterprise bargaining provisions • Expanding the application of the better off overall test (BOOT) • Simplifying the approval process of employment agreements • Arbitrating intractable bargaining disputes • Increasing the cap on small claims WorkPlacePLUS can help ensure you are meeting your employment obligations. For more information, please contact us today.

It is important for organisations to have clear processes for resolving workplace conflict. By following such processes and using internal methods of conflict resolution such as direct communication and restorative discussions, an employer or manager can often resolve workplace issues in a timely and effective manner. When internal methods of conflict resolution are unsuccessful, or when a work issue requires an unbiased investigation, then the organisation may need to engage an external party such as an experienced and independent workplace investigator. Six common workplace issues that may require an external investigation include: Sexual harassment Bullying Discrimination Whistleblower complaints Fraud or misconduct Conflicts of interest Serious workplace incidents or allegations require a prompt response by the employer. This means not only conducting a fair and confidential workplace investigation, but also following a communication plan to discuss the matter with the parties involved, and providing a timeframe for any decisions or potential action. When dealing with the six common workplace issues mentioned above, an independent workplace investigation is considered best practice for a number of reasons: Objectivity: Independent workplace investigations provide a neutral and impartial assessment of the workplace issues, which helps to ensure that the findings are fair. The objectivity of the report can also support employers when being approached by WorkCover, unions, the courts, and industry regulators. Expertise: Independent investigators with specialised HR knowledge and investigative experience can bring sensitivity and understanding to the process, helping to ensure that the findings are accurate, relevant, insightful and timely. Confidentiality & Reputation: Independent investigators follow strict privacy and confidentiality protocols to protect the privacy of those involved and help maintain the reputation of the organisation. Compliance: Independent workplace investigations can help organisations ensure they are complying with relevant policies, laws, regulations, and industry standards. This in turn can help mitigate legal or regulatory consequences. Workplace Harmony: Independent workplace investigations can help to improve workplace relationships by reinforcing the organisation’s commitment to a safe and supportive work environment and reassuring employees that issues will be addressed in a procedurally fair manner. Investigators with HR expertise can support management with recommendations for improvement if required. Discover morer reasons to engage an independent workplace investigator > WorkPlacePLUS has a qualified team of HR consultants with extensive experience in conducting unbiased evidence-based workplace investigations. We can ensure your compliance with the Fair Work Act 2009, the Respect At Work Act 2022, and Work, Health & Safety regulations while you continue to focus on your day-to-day operations. Our consultants are trained private investigators who remain focused and sensitive throughout the entire process. We can even assist in restoring team harmony and productivity after the investigation. The team at WorkPlacePLUS delivers independent workplace investigations both in-person and virtually, Australia-wide. For more information, please contact us today.

Industrial Relations Reform: Significant changes to the Fair Work Act impact your current employer obligations The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 was passed by the Federal Parliament on 2 December 2022 and was formally accepted by the Governor-General on 6 December 2022. The new laws will impact all Australian workplaces, with some parts requiring urgent attention from employers. These include: Pay secrecy has ended - Staff can now choose to discuss their pay with other staff. Pay secrecy clauses in existing contracts have no effect as of 7 December 2022, and employers can no longer offer new contracts containing pay secrecy clauses. Employers must update their employment agreements and contract templates immediately to reflect these changes. FWC has more bargaining power – From 7 December 2022, if the Fair Work Commission (FWC) considers that a party is not engaging in good faith enterprise bargaining, it can now issue a bargaining order. Terminating an EBA after the nominal expiry date has new parameters - From 7 December 2022, the FWC is has more power to prevent employers from terminating an enterprise agreement as a bargaining tactic, and to support an employee or union to terminate an unfair enterprise agreement. Employers should review their EBAs and consider their renegotiation options. Job ads cannot offer less than the minimum wage - From 7 December 2022, it is unlawful for an employer to advertise a pay rate below the minimum rate of pay, including the minimum rate of pay under an award or enterprise agreement. FWC can make equal remuneration orders - From 7 December 2022, the FWC must consider gender inequality when reviewing modern awards, and it can initiate orders to combat wage inequality without receiving an application. In addition, EBAs can now contain measures intended to achieve equality for employees with particular attributes. Protected attributes have been expanded - From 7 December 2022, the list of attributes protected from discrimination now includes gender identity, intersex status and breastfeeding. Employers should take a proactive approach to preventing workplace discrimination. Workplace sexual harassment will be further prohibited through the FWC - From 7 March 2023, a person subject to workplace sexual harassment will be able to seek compensation and penalties through the FWC. This is in addition to the existing right to seek a “stop sexual harassment order” and will not affect existing rights to make claims under other legislation. Employers should take a proactive approach to preventing workplace sexual harassment by reviewing their work, health and safety control measures and conducting a review of the workplace culture. There are a number of further changes that will take effect at later dates in 2023. These relate to: Limiting the use of fixed-term contracts Expanding the grounds for requesting flexible working arrangements Expanding multi-enterprise bargaining provisions Expanding the application of the better off overall test (BOOT) Simplifying the approval process of employment agreements Arbitrating intractable bargaining disputes Ending enterprise agreements that pre-date the Fair Work Act Increasing the cap on small claims Legislative reform puts you at risk It’s critical to keep your policies, processes, employment agreements, EBAs and payroll systems up to date with current legislation. Honest, well-meaning Directors or Senior Executives can face the unwelcome surprise of penalties or legal expenses simply because they have been unaware of legislative changes affecting their workplace. WorkPlacePLUS can help ensure you are meeting your employment obligations. For more information, please contact us today.

Family and domestic violence (FDV) is a workplace issue. It may be affecting some of your employees. Skip to Paid Family & Domestic Violence Leave In the years leading up to the COVID-19 pandemic, the FDV statistics in Australia were chilling. One in four Australian women had experienced physical, sexual or emotional abuse by a current or former partner.[1&2] More than half of those women had children in their care.[3] FDV against women was the single largest driver of homelessness for women[4] and contributed to more death, disability and illness in women aged 15 to 44 than any other preventable risk factor.[5] Alarmingly, the lockdown and isolation conditions of the COVID-19 pandemic have created an escalation in FDV, with reports that FDV support service providers are struggling to meet the surge in requests for assistance. One of Australia's leading support groups said that two thirds of victims of violence or abuse from domestic partners reported an escalation of attacks, or were victimised for the first time, during COVID-19 lockdowns. If you require prompt confidential support for domestic violence or sexual assault, the national 24 hour hotline is 1800-RESPECT. It’s important for the workplace to be a safe space for staff who are victims of family violence to disclose and receive appropriate support. Are you aware of your employer obligations? There is legislation which requires employers to create a safe workplace environment that is free from violence, discrimination and harassment.[6] Under Work, Health & Safety (WHS) laws, employers have a duty to eliminate risks to health and safety so far as is reasonably practicable. This means proactively managing the risk of FDV in the workplace, including ensuring staff are protected from harm when they are working from home or remotely from another location. FDV can affect an employee's work performance and attendance. Employers need to be aware of the potential discrimination risks, including transferring, demoting or terminating employment of a victim of domestic violence due to a drop in performance or attendance. Paid Family & Domestic Violence Leave The Fair Work Act provides minimum entitlements for employees, including minimum legal entitlements of employees experiencing FDV. Under national workplace laws, workers dealing with family and domestic violence can: take paid family and domestic violence leave request flexible working arrangements, and take paid or unpaid sick or carer’s leave, in certain circumstances. On 27 October 2022, The Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 passed both houses in parliament. This updates the National Employment Standards (NES). Employees currently or recently subjected to family and domestic violence are now entitled to 10 days of paid Family & Domestic Violence (FDV) Leave per year. FDV Leave is available to employees who have experienced violent, threatening, controlling, or abusive behaviour by a close relative, a member of an employee’s household, or a current or former intimate partner of an employee. The entitlement allows the affected employee to take time off from work to do things necessary to alleviate their situation, such as seeking support, finding safe accommodation, or attending court hearings, without putting their employment at risk. This entitlement applies to all employees, including casual employees and employees under enterprise agreements which already have paid FDV Leave entitlements. Employees have access to paid FDV Leave from the day they commence employment, and the entitlement will refresh every year. Anti-Discrimination Protections Experiencing FDV is now a protected attribute under the Fair Work Act. Effective 14 December 2023 under the Fair Work Legislation Amendment (Closing Loopholes) Act 2023, it is unlawful to take adverse action (including dismissal) against an employee because they are currently or recently subjected to FDV. In addition, awards, enterprise agreements, policies and processes must not include terms that discriminate against an employee currently or recently subjected to FDV. Employers should ensure their awards, enterprise agreements, policies, processes and monitoring systems are up to date and compliant with workplace laws. It is also important for employers to understand their role in supporting employees experiencing FDV, including practical workplace supports and safety plans. To maintain a safe and supportive workplace, employers should consider the following actions: Monitoring and managing the workplace culture Acknowledging FDV as a workplace issue and educating your staff Establishing clear FDV policies and processes Regularly reviewing your WHS and anti-discrimination processes Implementing practical control measures for worker safety Ensuring staff understand their options regarding leave and flexible work arrangements Providing a contact officer and Employee Assistance Program with safety planning Providing external resources and referrals for additional specialised support WorkPlacePLUS provides services to assist employers in addressing FDV in the workplace, including comprehensive training and development programs. For more information, please contact us today. REFERENCES 1. Cox, P. (2015) Violence against women: Additional analysis of the Australian Bureau of Statistics’ Personal Safety Survey 2012, Horizons Research Report, Issue 1, Australia’s National Research Organisation for Women’s Safety (ANROWS), Sydney; and Woodlock, D., Healey, L., Howe, K., McGuire, M., Geddes, V. and Granek, S. (2014) Voices against violence paper one: Summary report and recommendations, Women with Disabilities Victoria, Office of the Public Advocate and Domestic Violence Resource Centre Victoria. 2. Australian Bureau of Statistics (ABS), 2012. 3. National Crime Prevention (2001) Young people and domestic violence: National research on young people’s attitudes and experiences of domestic violence, Crime Prevention Branch, Commonwealth Attorney-General’s Department, Canberra; and Cox (2015) 4. 55% of women with children presenting to specialist homelessness services nominated escaping violence as their main reason for seeking help. Australian Institute of Health and Welfare (2012) Specialist homeless services data collection 2011-12, Cat. No. HOU 267, Australian Institute of Health and Welfare, Canberra. 5. Based on Victorian figures from VicHealth (2004) The health costs of violence: Measuring the burden of disease caused by intimate partner violence, Victorian Health Promotion Foundation, Melbourne. 6. The Australian Human Rights Commission recommended that federal anti-discrimination legislation and the Fair Work Act 2009 (Cth) prohibit discrimination on the ground of domestic and family violence: Consolidation of Commonwealth Discrimination Law – domestic and family violence, (2012); Post Implementation Review of the Fair Work Act 2009 (2012); Australian Law Reform Commission: Family Violence and Commonwealth Laws: Employment and Superannuation (2011).

We are all responsible for standing up against bullying, harassment, discrimination and violence. Under Work, Health and Safety and anti-discrimination laws, employers have a legal duty to provide a safe workplace. This includes protecting employees from physical and psychological harm, preventing serious incidents, and fostering a culture of respect. Fostering respect and responsibility in the workplace has never been more important. Over the past decade, numerous reports have exposed the need to call out and address unacceptable workplace behaviours. For example, the Australian Human Rights Commission’s (AHRC) landmark national inquiry into workplace sexual harassment revealed that it was widespread and pervasive; occurring in every industry, in every location and at every level. From an organisational perspective, such insights pose significant risks to everyone involved, not to mention the fall out cost to the employers through lost productivity, high staff turnover, complaints, litigation, workers’ compensation claims, reputational damage, and toxic work cultures. To mitigate these risks, it’s important for leaders and teams to review the organisational values and code of conduct, and to understand the organisation’s expectations and requirements regarding: workplace safety and respect, workplace communications and behaviours, bystander actions, reporting and disclosure, the proper handling of conflict, complaints and grievances, differing roles and responsibilities, legal considerations, support resources, and more. The Respect at Work Act 2022 introduced a new positive duty on employers to prevent and eliminate discrimination, workplace sexual harassment and victimisation in the workplace. This means proactive and meaningful action must be taken to prevent these unlawful behaviours regardless of whether someone has made a complaint. The Respect@Work Council and the AHRC recognises ongoing staff education as a key control measure in preventing serious workplace incidents such as sexual harassment. Training programs on sexual harassment, bullying and discrimination should never be a one-fits-all approach. It's important for programs to be targeted to the people in your organisation. For example: Board members, executive management and senior leaders need to understand their governance responsibilities and make high-level decisions on preventing and responding to serious workplace incidents. All employees need to understand the organisational values, rules, expectations and consequences around workplace attitudes and behaviours. Managers and supervisors need to competently role model behaviours, reinforce expectations, call out poor behaviours and normalise discussions about sexual harassment, bullying and discrimination. Contact officers, HR professionals, and WHS representatives need to know how to sensitively and safely triage reports or disclosures and provide appropriate support. WorkPlacePLUS offers an in-depth and interactive training and development program for managers and employees called RESPECT & RESPONSIBILITY. RESPECT & RESPONSIBILITY goes beyond the usual bullying, harassment and discrimination session by promoting your organisational values, effective communication and a positive workplace culture, while providing an understanding of relevant legislation and organisational policies. Our live, face-to-face delivery method is crucial to every organisation’s staff education strategy, as participant questions can be answered in real time and various practical examples can be explored during the training. The team at WorkPlacePLUS has extensive experience delivering training and development programs to businesses and organisations around Australia, from private practices and SMEs to multi-site hospitals, community organisations, and government services. Our facilitators are professional HR consultants. Are you ready to challenge your workplace culture? For more information or to book your training program, please contact us today. ► Discover more training programs... >