CFMEU FOREST AND FOREST PRODUCTS DIVISION NATIONAL DIVISIONAL POLICY ON SEXUAL HARASSMENT ENDORSED BY THE NATIONAL DIVISIONAL EXECUTIVE December 1998 SEXUAL HARASSMENT POLICY This document sets out the Policy of the CFMEU Forest and Furnishing Products Division on Sexual Harassment for the information of Members and Officials. Included with this Policy is an introduction which provides a background for the reading and application of the Policy. This Policy is binding on all CFMEU Forest and Furnishing Products Division Members and Officials. Any queries about the Policy should be directed to either the Branch or National Divisional Office. INTRODUCTION The CFMEU Forest and Furnishing Products Division recognises that all people working in the Forest and Furnishing Products Industry have the right to work in an environment free from any sexual harassment. Sexual harassment denies equality of opportunity in the workplace, and can have adverse effects on the health, economic security and job satisfaction of workers. The CFMEU Forest and Furnishing Products Division is therefore, committed to treating this issue with the same seriousness as other industrial issues. This Policy is set under four headings as follows: 1. Definition of sexual harassment 2. Role of the CFMEU Forest and Furnishing Products Division 3. Advice to members 4. Resources 1. Definition of Sexual Harassment Sexual Harassment is a term for covering many forms of this 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 material. It does not have to occur repeatedly and ignorance is no defence. If it is reasonable in the circumstances that any 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 workplace. 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 call/s 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 unfavourable working conditions are directed at only one sex. This is called sex-based harassment. For example women could be harassed/discriminated against in a workplace that has traditionally been all 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 such a culture or behaviour as the 'price they pay' for working there. This could be in the form of explicit pornography covering the 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 favourably than a man in her position would have been treated. It is everybody's responsibility to eliminate this sexual harassment. Workers have the right to a safe and healthy working environment free of all forms of discrimination and harassment. Just because a workplace may have a pattern of jokes and pranks which are acceptable in the past does not mean this pattern 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 are many other signals. Such as expressions of hurt, anger or disgust. Remember, it is not how you view your actions, it is how the other person reacts that is important. 2. Role of the CFMEU Forest and Furnishing Products Division. The CFMEU Forest and Furnishing Products Division is committed to the elimination of sexual harassment and all other forms of discrimination within the industry. 2.1 The Union undertakes to ensure that employers fulfil their legal and moral responsibilities in relation to sexual harassment. In consultation with the Union, employers should develop guidelines which include: A sexual Harassment Policy; Action to prevent sexual harassment such as informing and educating workers, to ensure appropriate behaviour in the workplace; A procedure for dealing with complaints of sexual harassment; A commitment to stop instances of sexual harassment immediately they are identified; A commitment to treat complaints seriously, dealing with them promptly and and support such as the Union delegate and Branch Union Officials, Working Women's Centres, 2.2 Inform members of this Policy and regularly inform members on sexual harassment issues in order to raise awareness. 2.3 Ensure that Union delegates' training includes information on the delegates' responsibilities in relation to sexual harassment. 2.4 Designate an official in each Branch Office to deal with sexual harassment complaints and related queries from members. 2.5 Ensure victims of sexual harassment are provided with all necessary information, advice, support and advocacy. 2.6 Ensure that alleged perpetrators are quaranteed due process and rights to natural justice. However, the Union will NOT support any member found guilty of sexual harassment. The Union will support dismissal of a worker who repeats an act of sexual harassment after having been found guilty in the first instance. 3. Advice to Members It is sometimes difficult to identify sexual harassment in its early stages. A single incident may seem trivial, but if it is repeated and it progresses, the victim can experience various degrees of stress which may affect their work performance and health. If members are victims of sexual harassment, Branches should provide the following information to those members: If you are a victim of sexual harassment you should 1. If possible, communicate to the person that their behaviour is unacceptable. Or you may wish to get someone else to do this. 2. Write down every incident, including details of the offensive behaviour, date, time, place and witnesses (if any). 3. Contact the identified sexual harassment contact person in the workplace (if your workplace has one), your Union or your employer. Your employer has a legal obligation to stop the harassment. A contact person 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 person can assist you. 4. Inform the Union delegate or the Branch Union Official who deals with sexual harassment. CFMEU Forest and Furnishing Products Division Sexual Harassment Officers in each state are as follows: SA Branch - 08 8211 8324 Paul Martinella WA Branch - 08 9221 1429 Noel Nielsen VIC Branch - 03 9348 1888 Jane Calvert TAS Branch - 03 6331 7955 Mike Grey NSW Branch - 02 9262 4330 Gavin Hillier Pulp&Paper –Branch 03 9349 2488 Chris Northover 5. If you decide to lodge a formal complaint, the contact person 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. 6. 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. 7. The complaint will be investigated further, The contact person can advise what this may entail. 8. The contact person will, after consultation with the complaint, consult with the employer/Union providing information gained and their recommendations regarding appropriate action. 9. If a complaint is substantiated both parties will be advised of the decision and the reasons why. 10. The contact person will follow up the complaint at a later date to ensure that the behaviour has stopped and that the solution is working out satisfactorily. If the behaviour 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 no costs involved. If a complaint is accepted the employer and the respondent will be notified and given up to 30 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 are 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 Commission (IRC). Under the Federal Sex Discrimination Act complaints need only be proved 'on balance of probability' not beyond reasonable doubt. The majority of complaints are resolved in conciliation. 4. 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: 02 9284 9600 Fax: 02 9284 9789 Affirmative Action Agency Level 17 I Market Street Sydney NSW 2000 Ph: 02 9334 9800 Equal Pay Unit Department of Industrial Relations Jolimont Centre Northbourne Avenue Canberra ACT 2600 Ph: 06 6243 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. South Australia 08 8267 4000 Northern Territory 08 8981 0655 New South Wales 02 9689 2233 Tasmania 03 6234 7007 Queensland 07 3224 6117