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CFMEU FORESTRY AND
FURNISHING PRODUCTS DIVISION
NATIONAL DIVISIONAL POLICY ON SEXUAL HARASSMENT
ENDORSED BY THE NATIONAL DIVISIONAL EXECUTIVE
March 24th March 1997
INTERNAL
SEXUAL HARASSMENT POLICY
This document
sets out the Policy of the CFMEU FORESTRY AND FURNISING PRODUCTS DIVISION for
the information of all Staff, Officers, Officials and Union representatives of
the Union.
Included with
the Policy is an introduction, which provides a background for the reading and
application of the Policy.
This Policy is
binding on all CFMEU FORESTRY AND FURNISHING PRODUCTS DIVISION Staff, Officers,
Officials and Union representatives.
Any queries
about this Policy should be directed to either the Branch or National
Divisional Office.
INTRODUCTION
It is the committed
position of the Union to
provide a work environment free from sexual harassment and all forms of
discrimination. This policy enforces the
position of the Forest and
Furnishing Products Division on Sexual Harassment.
Sexual Harassment is illegal. Sexual Harassment is an industrial issue and
will not be tolerated by the CFMEU FORESTRY AND FURNISHING PRODUCTS
DIVISION. Officials, officers, staff or
Union representatives who have a complaint of sexual harassment substantiated
against them will not be supported by the Union. Officials, officers and staff may have their
employment terminated.
Eliminating sexual harassment is everyone’s responsibility. This document provides you with an
understanding of what sexual harassment is your responsibility in eliminating
it in your workplace and advice on complaints procedures. It is important to note that ‘the workplace’
for some employees (for example organisers) extends beyond the Branch office. This policy is applicable to all staff,
officers, officials and Union representatives regardless of where their duties
are being carried out, for example female organisers on site.
DEFINITION
Sexual
Harassment is a term for covering many forms of behaviour of a sexual nature or
having sexual connotations that are regarded as uninvited, unwelcome and
offensive. It can be innuendo, verbal,
written physical or the display of offensive visual material. It does not have to occur repeatedly and
ignorance is no defence.
If it is
reasonable in the circumstances that any of this sort of behaviour is unwelcome
and offends, humiliates or intimidates it is sexual harassment. It is important to note that what is ‘reasonable in the circumstances’ can be
perceived differently by the person doing the harassing or others in the
organisation. However, any legal
assessment of what is reasonable will depend on the facts of the case.
Sexual
harassment has little to do with sex and a lot to do with power. A form of sexual harassment is an act
representing an abuse of power. Sexual
harassment is often ‘tolerated’ by people because they feel that the harasser
stands in a position of power in relation to themselves. Remember, consent is something that is
actively given as opposed to “just going along with it”
The following
constitute criminal offences and should be reported to the police:
·
Sexual assault;
·
Indecent exposure;
·
Offensive and obscene telephone calls or
letters.
Sexual
Harassment is often male to female, but can also be male to male, female to
female and female to male.
Sexual
Harassment can also be found when any unfavorable working conditions are
directed to only one sex. This is called
sex-based or sexist harassment. For
example women could be harassed/discriminated against in a workplace that has
been traditionally male. A culture may
have existed for some time and be deemed normal or acceptable, and women
entering the environment may be expected to accept a culture or behaviour as
the ‘price they pay’ for working there.
This could be in the form of explicit pornography covering walls which
is severely degrading to women. Another
example of a sexually hostile workplace is one where women are made to feel
judged not for the work they perform but for a range of other criteria which
has nothing to do with their work and everything to do with their gender. Sex-based harassment can be considered a form
of direct discrimination against women in that it involves treating a woman
less favorably than a man in her position would have been treated.
If you are made
to feel offended, humiliated or intimidated, then you have grounds for a
complaint.
ELIMINATING SEXUAL HARASSMENT IN THE WORKPLACE
It is
everybody’s responsibility to eliminate this sort of behaviour. Workers have a right to a safe and healthy
working environment free from all forms of discrimination and harassment. Just because a workplace may have established
a pattern of jokes and pranks which are acceptable in the past does not mean
that this is or should be acceptable to a new employee. As a guide, stop and ask yourself whether
something you are doing or saying is offending or hurting someone else. You will know that your behaviour is
unwelcome if the other person tells you to stop. There may be other signals, such as
expressions of hurt, anger or disgust. Remember that it is not how you view your
actions, it is how the other person reacts that is important.
DEALING WITH COMPLAINTS OF SEXUAL HARASSMENT
In any complaint
of sexual harassment the Union
undertakes:
·
To treat any and all harassment
complaints seriously, sympathetically and sensitively;
·
That complaints will be attended to
promptly and confidentially;
·
To respect the wishes of the complainant
at all stages of the complaints process and the complainants rights to withdraw
a complaint;
·
That complaints will be fully
investigated in an impartial manner;
·
That action will be taken to ensure that
misconduct does not continue;
·
That anyone raising a complaint of
sexual harassment or assisting someone
to make a complaint will not be victimised in any way, during or alter investigations;
·
That it may dismiss staff, officers and
officials, and remove representatives from their Union roles if found to have a
complaint substantiated against them;
·
To deal with a complaint in a way which
doesn’t cause further disadvantage to the victim through the process;
·
To have a trained contact officer in
each Branch responsible for dealing with sexual harassment complaints.
STEPS FOR MAKING A COMPLAINT
Don’t be afraid
to take action immediately. How you deal
with the situation is your choice. You
have the right at any time to contact your Union
and/or the Equal Opportunity Commission.
If you feel it is likely to be resolved internally you may wish to
consider the following steps:
Step 1. If possible, communicate to the person that their
behaviour is unacceptable. Or you may
wish to get someone else to do this.
Step 2. If step one
is not an option, or did not work, you may now want to speak to a sexual
harassment contact officer, or your employer for advice or just someone
to talk to.
Your employer has a legal obligation to deal with the harassment.
You can speak to the contact
officer without having to lodge a formal complaint.
A contact
officer can only act on your advice. If
you decide to do nothing, the matter will not go ahead. If you decide to take action the contact
officer can assist you. It may be
helpful if you have kept a brief not of any relevant incidents.
Step 3. The contact officer can advise you
of the law and your rights.
Step 4. If you decide to lodge a formal complaint, the contact
officer will ask you to talk about the problem and will take notes about the
complaint. If you wish, a Union official
can be present or another support person.
Step 5. The alleged
harasser will then be interviewed separately and advised of the exact
complaint, their rights, and given the opportunity to respond to the
allegations.
Step 6. The
complaint will be investigated further.
The contact officer can advise what this may entail.
Step 7. The contact
officer will, after consultation with the complaint provide a report to the
National/State Secretary (or nominee) setting out the information gained and
their recommendations regarding appropriate action.
Step 8. If a
complaint is substantiated both parties will be advised of the decision and the
reasons for it.
Step 9. The contact
officer will follow up the complaint at a later date to ensure that the
behaviour has stopped and that the solution is working satisfactorily. If the matter has not been resolved to the
satisfaction of the harassed person, further action can be taken. This may mean the employer takes stricter
action or the matter is referred to the Human Rights and Equal Opportunities
Commission. (HREOC)
LODGING A COMPLAINT UNDER THE FEDERAL
SEX DISCRIMINATION ACT (HREOC)
You should lodge
your complaint within 12 months of the act of discrimination.
Regardless of
whether the complaint is accepted or not there are any costs involved.
If the complaint
is accepted or not, there are no costs involved
If the complaint
is accepted the employer and the respondent will be notified and given up to
thirty days to respond.
You and your Union will
be forwarded any responses and then you have 30 days to respond.
When this
process is completed and the positions of all parties clear, it is possible an
attempt will be made to resolve the matter by conciliation.
If the Sex
Discrimination Commission (SDC) thinks the complaint cannot be resolved by
conciliation the complaint may be referred to the Commission for a hearing, or
if the complaint is/becomes the subject of an industrial dispute it could be
dealt with in the Industrial Relations Court (IRC).
Under the Sex
Discrimination Act (SDA) complaints need only be proved ‘on balance of probability’ not beyond reasonable doubt.
The majority of
complaints are resolved in conciliation.
Remedies that
could be adopted internally or via HREOC could include:
·
A request for the behaviour to stop;
·
Warning and counseling on misconduct;
·
Closer supervision of conduct;
·
Down grading of job status and
responsibilities;
·
Transfer to another position/promote the
complainant;
·
Suspension;
·
Dismissal.
VICTIMISATION
It is unlawful
to retaliate against a person because they wish to exersize their right in
making a complaint about harassment.
The Sex
Discrimination Act prohibits the victimisation of people connected with
complaints under the Act (section94).
This includes people who lodge or intend to lodge a complaint of sexual
harassment with the HREOC, people who provide information or documents to HREOC
officers, and people attending conciliation conferences or appearing as
witnesses.
If victimisation
occurs you should return immediately to your contact officer, Union or
HREOC for a further complaint to be made.
CONFIDENTIALITY
All parties
involved in the investigation of a complaint of sexual harassment need to
observe strict confidentiality while the procedures are being pursued. Sensitivity to these needs is vital.
DEFAMATION
Defamation is
the publication of a statement about someone, which tends to lower their
reputation with people or leads other people to avoid or shun then. If it is in a permanent form it is called
libel. If it is not in a permanent form
(for example verbal remarks), it is called slander. To be slanderous, the remarks would have to
be made to someone else. Everyone
involved in communicating a defamatory statement is liable, including those who
repeat its publication. For a statement to
be defamatory it may either be intentional or negligent. An example would be spreading a story about
an alleged harasser, either spoken by or by some other means, around the
workplace, or by carelessly leaving a file containing such information lying
about where inappropriate people could read.
However it is not defamatory for the person with the complaint of sexual
harassment to confront the alleged harasser directly and in private, or to send
them a private letter outlining the offensive behaviour, as this does not
damage their reputation with others.
If your
complaint is formally lodged with HREOC you are generally protected in relation
to the making of a complaint and providing documents and evidence in relation
to it.
It is not
appropriate for Union officers, Officials or representatives of the Union to confirm the
existence of complaints unless the complainant has given leave to do so. Union officers, Official or representatives
of the Union who make public statements may find themselves
being sued for defamation.
UNION’S RESPONSIBILITY
The CFMEU
FORESTRY AND FURNISHING PRODUCTS DIVISION commits to the elimination of sexual
harassment and all other forms of discrimination. This Policy has been prepared to meet just
one of the responsibilities of the Union on
this matter. The Union
further undertakes to ensure:
·
Full distribution of the Policy
·
That it is adhered to;
·
Via training that all Union officials,
officer’s are fully ware of what constitutes sexual harassment;
·
Any Union training contains sections on
sexual harassment;
·
That the information is repeated
regularly;
·
That all officials, officers and
representative promote the elimination of sexual harassment in their workplace
and members;
·
All Union Policies are part of all
induction processes;
·
That everyone knows the contact offers.
The CFMEU
FORESTRY AND FURNISHING PRODUCTS DIVISION recognises its obligation under the
Commonwealth Sex Discrimination Act (SDA) and State legislation. Under both State and Federal law the Forestry
and Furnishing Products Division is responsible for their own conduct in this
area, and also for that of the people employed by them as well as ‘Union
representatives’ of the Union. The CFMEU FORESTRY AND FURNISHING PRODUCTS
DIVISION accepts that as an employer they can be held liable for the
discriminatory acts of their employees and Union representatives. The Forestry and Furnishing Products Division
therefore acknowledges that it is unlawful NOT to take such steps as may be
reasonably necessary to ensure that the workplace is free from Sexual
Harassment.
Sources: HREOC: Sex Discrimination Guides
for Trade Unions
Equal
Opportunity Commission SA Sexual Harassment at work.
Resources:
Sexual
Harassment is covered by state legislation and also the following Federal Acts
of Parliament:
Sex
Discrimination Act 1984
Affirmative
Action (Equal Employment Opportunity for
Women) Act 1986
Human Rights and
Equal Opportunity Commission Act 1986
Industrial
Relations Act 1988
Human Rights and Equal Opportunity Commission Office (HREOC)
National Office (they can advise you on
your State office)
Level 8
Piccadilly Building
133
Castlereagh Street
GPO Box
5218
Sydney NSW
2000
Ph: 029 284 9600
Enqiries (Toll
free) 008 021 199
Fax: 029 284 9789
Affirmative Action Agency
Level 17
1
Market Street
Sydney NSW
2000
Ph: 029 334 9800
Equal Pay Unit
Department of Industrial Relations
Jolimont Centre
North
Avenue
Canberra ACT
2600
Ph: 06 243 7742
Working Women’s Centres
The aim of these
centres is to provide information, referrals and advice to women on
discrimination, unfair work practices and unhealthy work environments. They also provide group education and
information.
Initial
contacts:
NSW: Caroline Alcorso ph 029 689 2233
QLD: Cath Rafferty ph 073 224 6117
NT: Trish Crossan ph 088 981 0655
TAS: Lynne Fitzgerald ph 062 347 007
SA: Leena Sudano ph 088 267 4000
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