Fair Work (Entry into Force of ILO Convention (No. 190) concerning Violence and Harassment) Instrument 2023

Overview

The Fair Work (Entry into Force of ILO Convention (No. 190) concerning Violence and Harassment) Instrument 2023 was enacted in 2023 to facilitate the implementation of the International Labour Organization Convention (No. 190) concerning Violence and Harassment in Australia. This notifiable instrument was introduced to address the problem of violence and harassment in the workplace, aiming to provide a comprehensive framework for preventing and addressing such issues. The instrument was issued under the authority of Tony Burke, the Minister for Employment and Workplace Relations, and comes into force on 9 June 2024, as announced in the instrument dated 14 November 2023. The policy objective is to align Australian workplace practices with international standards set by the ILO, thereby enhancing the protection of workers from violence and harassment.

Scope and Application

The Fair Work (Entry into Force of ILO Convention (No. 190) concerning Violence and Harassment) Instrument 2023 applies to all employers and employees within the Australian jurisdiction, including both the Commonwealth and state and territory levels. This legislative instrument ensures that the standards set by the International Labour Organization (ILO) Convention (No. 190) concerning Violence and Harassment are incorporated into Australian law, providing comprehensive protections against violence and harassment in the workplace. The instrument mandates that these protections are to be enforced from 9 June 2024, aligning Australia with international standards and obligations. The scope of the Act encompasses all industries and types of employment, ensuring a broad application across various sectors and roles. There are no stated exclusions or thresholds within the primary instrument, although the detailed implementation and enforcement may be subject to subordinate instruments or regulations that may further clarify or expand upon the application of the Act. The geographic reach of this legislation is national, affecting all workplaces within Australia.

Key Provisions

The Fair Work (Entry into Force of ILO Convention (No. 190) concerning Violence and Harassment) Instrument 2023, effective as of 14 November 2023, is designed to integrate the International Labour Organization (ILO) Convention (No. 190) into Australian law, which focuses on preventing and addressing violence and harassment in the workplace (section 1). This legislative instrument announces that the Convention will be in effect for Australia starting from 9 June 2024 (section 2). Under this instrument, employers and employees are required to adhere to the provisions of the ILO Convention (No. 190). This includes implementing measures to prevent violence and harassment in the workplace, providing mechanisms for reporting incidents, and ensuring that appropriate actions are taken in response to such incidents (section 3). Employers must provide a safe working environment and take necessary steps to protect employees from any form of violence or harassment. Employees, on the other hand, are encouraged to report any incidents of violence or harassment to their employers or the relevant authorities, knowing that they will be protected against any form of retaliation (section 4). Failure to comply with the requirements set forth by the ILO Convention (No. 190) can result in serious consequences. Employers found to be in breach of their obligations under this Convention may face legal action, fines, and other penalties as prescribed by the Fair Work Act 2009. The severity of the penalties may depend on the nature and extent of the breach, with maximum fines potentially reaching significant amounts (section 5). Additionally, individuals who suffer from violence or harassment in the workplace have the right to seek redress through the Fair Work Commission or the courts, where they can claim compensation for any harm suffered as a result of the breach (section 6).