Submission to WA Parliamentary Community Development and Justice Standing Committee – Inquiry into sexual harassment against women in the FIFO mining industry

The minerals industry acknowledges that sexual harassment causes profound physical, emotional and psychological impacts to those affected. It is unacceptable, against the law and must be eliminated from our industry’s culture and workplaces.

Sexual harassment can affect anyone – not just women – and prevention and response measures must be applicable to all workers in all workplaces. The Australian mining industry’s core value and commitment is the safety, health and psychological wellbeing of its workforce, where everyone who goes to work returns home safe and healthy.

The industry is committed to eliminating fatalities, injuries and occupational illnesses, with a strong focus on building and sustaining respectful workplaces.

The Australian Human Rights Commission’s ground-breaking Respect@Work Report represented a significant turning point for the minerals industry. Workplace sexual harassment in the mining industry was notably higher (40 per cent) than the national prevalence rate (33 per cent). Seventy-four per cent of women and thirty-two per cent of men in the mining industry reported experiencing sexual harassment. The mining industry was the 2nd worst performing industry for sexual harassment against women (behind the information, media and telecommunications industry).

Through committed leadership, the MCA is developing an industry response that recognises and prevents sexual harassment, empowers people to speak up and take action where behaviours do not meet expected standards, and that ensures appropriate responses to sexual harassment incidents, including support for impacted persons.

The industry is using its successful approach to managing safety and health and engaging with a broad range of stakeholders to encourage this essential cultural change across its business partners and within the communities in which the industry operates.

To date, the mining industry has broadened its safety and health policy to specifically reference the risks of psychological harm and disrespectful behaviours in the workplace. The policy also makes it clear that psychological harm and disrespectful behaviours in the workplace are preventable just like all fatalities, injuries and occupational illnesses in the workplace are preventable. Industry has also released a statement explicitly committing to the elimination of sexual harassment in its workplaces and a national industry code that provides clear expectations on members to establish both preventative and response measures to address sexual harassment, underpinned by a culture of respect that empowers individuals to raise concerns in a supportive and protected way.

The industry acknowledges that it is only part way on the journey to eliminate sexual harassment and an extensive range of tools is being developed to assist industry meet its commitment.

Recommendations

The MCA supports the Respect@Work recommendations that the Australian Government work with the states and territories to:

• Ensure there is no overlap or duplication between national and state laws
• Following successful passage of the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021, ensure that relevant state/territory laws replicate the amendments
• Develop and implement a National Sexual Harassment Research Agenda (Recommendation 4)
• Implement consistent regulator education and training (as per Recommendations 34-37) on the nature, drivers and impacts of sexual harassment
• This should trauma-informed inspection and compliance training in line with the principles of Change the Story so as not to further harm victims
• Implement judicial education and training (Recommendation 40)
• That relevant bodies responsible for developing training, programs and resources for judges, magistrates and tribunal members make available education on the nature, drivers and impacts of sexual harassment
• This should be trauma-informed and in line with the principles of Change the Story
• Support and encourage judicial officers and tribunal members across civil and criminal jurisdictions who may come into contact with victims of sexual harassment to undertake this education and training
•  Adopt guidance material (Recommendations 32-33) relating to unfair dismissal, which includes dismissal relating to sexual harassment, for employers and workers in workplaces that sit outside the national Fair Work system.

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