Read The Times Australia

Daily Bulletin

Every worker is entitled to be safe at work, but casual workers can fall through the cracks

  • Written by: Kantha Dayaram, Professor, School of Management, Curtin University
Every worker is entitled to be safe at work, but casual workers can fall through the cracks

On Monday, Workplace Relations Minister Tony Burke flagged the government’s plan to legislate to enable casuals who work regular shifts to convert to permanent work.

The move, which has been criticised by business groups who said it would add to costs and red tape, is the latest step by the federal government, as promised during Labor’s election campaign, to empower the so-called insecure workforce.

While laws to protect workers from mistreatment already exist in Australia, last month the government signed a United Nations convention that recognises a broad definition of work and an expansive definition of violence and harassment.

The convention is significant because it effectively covers the growing number of casual and gig workers who may not be covered by existing laws.

According to the convention, everyone has the right to work free of violence and harassment. But the increasing casualisation of work over the past two decades have exposed some workers to greater risk of harm.

These changes include a shift away from full-time permanent roles to increasing numbers of contractual and self-employed and those with ambiguous contractual status including gig and platform workers.

In Australia there are about 2.7 million casual workers and 1.1 million contractual workers.

It is harder for these workers, who are more vulnerable to the risk of violence and harassment, to report these incidents than it is for permanent workers.

Pizza delivery person driving motor scooter
It is difficult for casual and gig workers to report workplace violence and harassment. Shutterstock

A review of Australian law and practices to assess gaps in protections for these new forms of work needs urgent attention.

Read more: Albanese government to make it easier for casuals to become permanent employees

Recent changes to the Sex Discrimination Act and Fair Work Act mean they provide some of the necessary protections, in line with the new convention, but our research has found they don’t address all the obligations and don’t reflect some of the convention’s key principles.

Instead of a narrow approach, the convention calls for all forms of violence and harassment to be dealt with. The current focus in Australia is on sexual harassment, but this is part of the larger phenomenon of gender-based violence. Regulation of all its forms is necessary.

The C190 convention which Australia has now signed requires signatories to adopt an inclusive, integrated and gender-responsive approach to eliminating and preventing violence and harassment in the workplace.

Emphasising the need for regulation to be inclusive, it adopts a broad definition of violence and harassment, acknowledging a range of unacceptable behaviours and practices that can cause harm including physical, psychological, sexual or economic harm.

As well as the rise in short-term positions, the concept of the workplace is also changing.

Fly-in-fly-out workers in remote locations and gig delivery workers or carers who work at multiple sites are isolated and have little or no direct support from their employer or in the community.

Man mopping floor Gig workers often have less access to employer support. Shutterstock

The rise of online working through the COVID pandemic, has also led to increases in online harassment and intimidation.

The convention outlines an expansive view of the circumstances, locations and sectors within the labour market that constitute the “world of work”. This is another concept that needs to be incorporated into relevant laws and regulation.

An integrated approach requires coordination between different areas of law dealing with violence and harassment. A joint effort between governments, employers, unions and interest groups is also needed.

The call for an integrated approach is in response to the complexity and gaps in regulatory approaches.

Australia’s regulation of sexual harassment at work has been characterised by the siloing of the issue within anti-discrimination law, with little attention given to it within workplace rights legislation.

This is changing, given amendments to the Fair Work Act and the priority being given to eliminating sexual harassment as a work health and safety hazard. Recent changes to state-based work health and safety regulations provide for wider worker coverage.

While Australia is making progress, there is a fair way to go to say Australia has an integrated regulatory approach to workplace violence and harassment.

We recommend that the federal government adopt a national strategy on the prevention and elimination of violence and harassment in the workplace, as required by the convention.

Read more: Why insecure work is finally being recognised as a health hazard for some Australians

A focal point could be giving one regulator responsibility for ensuring the strategy is implemented and the laws, regulations and practices are integrated.

Power relations, gender, cultural and social norms, discrimination and economic inequalities also need to be considered in Australia’s management of violence and harassment in the workplace.

This is part of the gender responsive approach demanded by the convention. Laws and regulation that require those who have suffered violence and harassment to initiate claims for redress and wear the burden of costs of litigation are not in line with this gender-responsive approach.

Making employers responsible for helping prevent violence and harassment are part of this solution.

However, these responsibilities also need to be accompanied by effective and extensive compliance and enforcement powers for regulators and also the resources and capacity within these regulators to deal with issues such as the impact of gender on the violence and harassment at work.

Authors: Kantha Dayaram, Professor, School of Management, Curtin University

Read more https://theconversation.com/every-worker-is-entitled-to-be-safe-at-work-but-casual-workers-can-fall-through-the-cracks-208206

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Valentine's Day Gifts for Your Husband That He'll Actually Love

Valentine's Day tends to be built around flowers, chocolates and jewelry, which leaves a lot of wi...

Why European Vehicles Demand Specialised Maintenance on Australian Roads

European cars, encompassing premium brands like BMW, Audi, Mercedes, and Volkswagen, are highly soug...

How Melbourne Businesses Can Retain Top Talent Through Visa Sponsorship

Melbourne businesses are facing an increasingly complex hiring landscape. According to the Jobs and ...

Clever Ways to Combat Dampness and Maintain a Healthy Bathroom Environment

Australians currently spend more than 90 percent of their time indoors. This modern lifestyle heavil...

How Registering a Company in Singapore Can Support Business Growth

Choosing where to register a business can influence how easily it grows, attracts customers, and e...

What Business Owners Should Know About Company Registration in Hong Kong

Hong Kong is a popular location for entrepreneurs looking to establish businesses with internation...

What Entrepreneurs Should Know About the Benefits of Registering a Company in Australia

Starting a business involves more than finding customers and offering a good product or service.  ...

From Free-to-Air to Netflix: Where Australian Brands Are Spending Their TV Dollars Now

Not long ago, an ad break meant one thing in Australian homes: free-to-air television. Today it mi...

Why South Australia Leads the Country on Home Batteries

South Australia has long punched above its weight in renewable energy. The state has one of the hi...