PowerPoint Presentation

[Virtual Presenter] Acknowledgement to country Introduce topic: The purpose of the training session is to update all staff about changes to some GCI policies, and the law, following the ‘Respect@Work’ reforms that you might have heard about on the news These changes affect laws and GCI policies about sexual harassment and discrimination. But for GCI the focus is all about ‘respect’ in all aspects of being a team member here I will encourage you to ask questions and participate as we go through the training..

[Audio] So, the polices we will cover include the GCI Workplace Behaviour Policy, which covers sexual harassment, discrimination and bullying Today we are doing to talk a little bit about sexual harassment, what all of our obligations are and if and when an issue does arise, how best to deal with it The purpose of today is not to be 'The Fun Police', to stifle personality or people enjoying friendly banter. It is totally possible to have friendly banter and enjoy positive and fun relations at work in a respectful way. This training is also about understanding that its not just 'really bad people' who engage in conduct that can offend someone else. We are all human, we all have moments in our lives where we accidently say the wrong thing, or say it in front of the wrong person/mis-read the room, etc. This training session is a lot about the day to day interactions where its possible for any of us to find ourselves having offended someone, perhaps inadvertently, and how both staff members can try and deal with the issue..

[Audio] We will now remind you about some key information about the GCI Workplace Behaviour Policy.

[Audio] One of the key areas covered by the policy is sexual harassment and sex based discrimination GCI is an equal opportunity employer We have a zero tolerance approach to sexual harassment Breaches of the policy will lead to some form of disciplinary action, that can be anything from a warning, re-training right through to dismissal in certain circumstances This is the hard line approach that all employers are required to take in light of the introduction of a positive duty on employers to prevent sexual harassment in the workplace.

[Audio] The consequences of sexual harassment can be really far reaching: It can affect the victim psychologically (many people suffer psychological injuries), may cause them to withdraw from their workplace/career For the person alleged to have engaged in harassing conduct, investigations are stressful, it can put their job at risk. For serious cases, there can even be criminal offences. For example there have been reports of sexual assaults that have occurred in employer provided accommodation, such as mine camps. These can lead to criminal charges. There are also obvious reputational issues For GCI there can be serious consequences – if an employee engages in sexual harassment toward someone else (whether to another employee or to a contractor), then GCI can be sued for that behaviour. If GCI were sued, then that would likely cause damage to the reputation we have worked hard to build..

6. GROUP. The next session will cover. 2. What is sexual harassment.

[Audio] Ask the group for questions. 7. Questions?.

[Audio] Acknowledgement to country Trigger warning?.

9. GROUP. Recap. We have covered: GCI’s Workplace Behaviour Policy Zero tolerance to sexual harassment Breaches may result in disciplinary action up to and including termination Consequences of sexual harassment For the victim For the person engaging in the harassing behaviour For GCI.

[Audio] Question to the group: Can someone give me an example of behaviours that could sexual harassment? Ask for examples, and then move to the next slide which has a definition of what is sexual harassment.

[Audio] So, when you look at the definition of what is sexual harassment, it is really broad, and is: any conduct of a sexual nature that is unwelcome that occurs in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated. Examples This can include anything from: The more obvious behaviour like putting your hand on someone's bum or continuing to ask them out once they say no right through to- Leering at someone Asking unnecessarily personal questions Unnecessary physical touching/conduct (like brushing past someone too much or too closely) Sexual jokes or innuendo Sending someone an explicit sexual image or message through messenger/Instagram – even out of hours There was a recent case where a male employee had too much to drink, and he sent a sexually explicit video of a woman to about 22 friends. He did it on his personal phone, outside of work hours and using his personal account. Most of the people who got the message were employees, at least one complained and he was sacked. He then brought an unfair dismissal claim and the Fair Work Commission said he had not been unfairly dismissed, and that the image was sufficiently connected to his employment because it was sent to mostly employees..

[Audio] Here are some more examples [walk through the examples].

[Audio] The research says that sexual harassment is more likely to occur in workplaces where there is: Base level gender inequality such as happens in some heavily male or female dominated workplaces Power imbalances – e.g. bosses engaging in behaviour towards more junior employees A culture of permissiveness – so where people are pretty lax about enforcing standards or boundaries.

[Audio] Question to the group: So how far outside of the traditional 'workplace' can sexual harassment occur? Can someone think of some examples? After you have had audience responses, then go through each of the above examples where these laws can continue to apply. Explain to the group that as discussed earlier, there was the example of outside of work explicit text messages still being work related. Explain that we all need to be aware that when we are interacting with other staff, contractors, suppliers or other third parties, in some circumstances these laws will still apply even when we are not 'at work'. The lines here are not 'black and white' in terms of when something goes from being work related to non-work related. So, we need to be cautious, and if in doubt it is better to assume that these laws continue to apply to you..

[Audio] Importantly too, we need to think about what is not sexual harassment Many people meet their partners at work. Personal, welcome intimate relationships are fine. However, we do have to be mindful if there are couples in relationships at work, to ensure that they don't engage in intimacy at work as that of itself can amount to sexual harassment towards others. Where there is any potential for a conflict at work between parties to a relationship, they do need to disclose the relationship to their supervisor. That is just so that their manager can make sure that conflicts do not happen in practice – for example, if someone in a relationship at work has power to make decisions about what the other person gets paid, whether they might get a promotion or a training opportunity, we would need to make sure that the decision making remains fair and objective..

[Audio] Read through the material in the slide.. 16.

[Audio] It is now also unlawful for employers to have a workplace that is 'hostile', where there is discrimination on the basis of sex/gender, and sexual harassment. It can include: displaying obscene or pornographic material (like the old 'girlie calendars' from years ago) sexual banter or innuendo offensive jokes This kind of conduct does not need to be directed at the specific person.

[Audio] Separately from when someone is either sexually harassed, or discriminated against, if they complain and are then treated adversely, that of itself is also unlawful. It is called 'Victimisation' [read slide] Ask the group: Can anyone think of some examples of what might be victimising someone for making a complaint?.

[Audio] Victimisation can include: Excluding someone socially Spreading rumours about them Reducing their working hours or pay and conditions Sacking them for making a complaint Overlooking someone for making a complaint.

20. GROUP. The next session will cover. 3.Your obligations.

[Audio] Ask the group for questions. 21. Questions?.

[Audio] Acknowledgement to country. Logo Description automatically generated.

23. GROUP. Recap. We have covered: GCI’s Workplace Behaviour Policy What is and is not sexual harassment? The effects of sexual harassment Hostile workplace environments and victimisation.

[Audio] Now lets move to talk about what our obligations are, as workers These rules apply to management and directors, just the same as they apply to all other staff.

[Audio] So, we know that sexual harassment is unlawful. And that GCI has a positive obligation to eliminate that behaviour in the workplace, which will include taking action when someone oversteps the mark..

[Audio] All workers have a legal obligation under safety legislation to: take reasonable care for their own health and safety take reasonable care for the health and safety of other workers who may be affected by their behaviour (e.g. not to sexually harass their co-workers) to comply with our policies and procedures and the instructions in them about safety So, sexual harassment is now being treated more like a safety issue than a diversity or equal opportunity issue..

[Audio] The obligations that apply to all of us as GCI employees come from a range of separate pieces of legislation listed on the slide. Then we all have obligations under GCI's policies as well..

28. GROUP. The next session will cover. 4. How to respond to and prevent sexual harassment.

[Audio] Ask the group for questions. 29. Questions?.

[Audio] Acknowledgement to country. Logo Description automatically generated.

31. GROUP. Recap. We have covered: GCI’s Workplace Behaviour Policy What is and is not sexual harassment? The effects of sexual harassment Hostile workplace environments and victimisation Your obligations around sexual harassment Sources of legal obligations.

[Audio] So, lets move on now to talk about how we can all work to prevent sexual harassment, remembering that we all have a role to play here..

[Audio] So, one of the best ways to prevent sexual harassment, and behaviour that is not respectful, is through our workplace culture. Establishing our policy and explaining GCI's behavioural expectations is one part of that. As is GCI management enforcing the policy when someone oversteps the mark. But as team members, we can all do the following things: Take direct action if you see behaviour that is not respectful – step in and say the behaviour is not okay in a way that you feel comfortable, be polite and do not aggravate the situation Consider a distraction away from what is happening – start a conversation or otherwise remove the victim from the situation, just the topic, or otherwise divert the conversation or situation away from what is disrespectful Delegate dealing with the issue – for example, if you don't feel safe to step in, ask someone else such as a manager, HR, etc Delay and then address the issue – if it is not safe to intervene there and then, maybe ask the victim if they are okay later, and report the incident then These are all behaviours of an 'ACTIVE UPSTANDER' – that is someone who as a team member is steeping up to intervene, to stop any disrespectful behaviour and also to protect the culture we all work hard to achieve. GCI wants to see staff feeling safe to step up an draws a line in the sand when something happens that isn't ok..

[Audio] When you do step in an act as an 'active upstander', or if you raise an issue yourself: Ensure that you do so without blaming or attacking the person – don't be argumentative – you want to be de-escalating the situation (not the reverse) Remain calm, conciliatory and talk in terms of how the situation is impacting you [read slide examples] Don't be accusatory.

[Audio] Really important too, is remembering what I said early in this session. That is, we are all human, and in any given circumstances we are all capable of inadvertently crossing a line with someone else. Sometimes we don't know where another person's line might be – we are all different and some of us might have sensitivities that others don't or wouldn't expect. Other people might be more easily offended. But if someone raises an issue, try and remain open, avoid becoming defensive and consider [read slide].

[Audio] Lets now move onto an example... FOR EXAMPLE….

[Audio] Ask a member of the group whether they can read out the above scenario. Then move to the next slide.

[Audio] Then ask the group: Does the behaviour amount to sexual harassment What could be done by any of those involved to avoid issues between these co-workers [note following slide with suggestions re what Susan could have done].

[Audio] [Step through all the things that Susan could have done to be an 'active upstander' if she felt comfortable to do so].

[Audio] [Step through other things that Susan could do if she did not feel comfortable speaking up there and then].

41. GROUP. The next session will cover. 5. GCI’s complaints process.

[Audio] Ask the group for questions. 42. Questions?.

[Audio] Acknowledgement to country. Logo Description automatically generated.

44. GROUP. Recap. We have covered: GCI’s Workplace Behaviour Policy What is and is not sexual harassment? The effects of sexual harassment Hostile workplace environments and victimisation Your obligations around sexual harassment Sources of legal obligations How to be an active upstander.

[Audio] It won't always be possible to avoid formal complaint procedures, so lets run through the GCI procedure.

[Audio] Why do we think so many people are reluctant to complain about inappropriate behaviour? [explain each of the items on the slide].

[Audio] Where issues do arise, we want to know about it. GCI can only deal with issues and improve our practices and policies if we know what is happening, and that an issue has arisen This means that even when issues don't amount to 'reportable' safety incidents, we do want to know about them We want to team members to support one another to report incidents, particularly if they ones you don't feel comfortable raising yourself with the person involved If you have to be involved in an investigation into inappropriate conduct, then we expect you to cooperate, and be fully open and honest Also, we want to encourage staff to make either training or safety suggestions where you see a gap.

[Audio] [read the slide]. GCI will investigate any complaints made This will generally involve: Speaking to the person who raised the complaint to gather more information Speaking to the person who is the subject of the complaint Speaking to any witnesses who may have seen the conduct that is the subject of the complaint Depending on the circumstances and seriousness of the complaint, the person who is the subject of the complaint may be suspended pending an investigation.

[Audio] [Read slide]. If any part of the complaint is substantiated, the person engaging in the harassing conduct may (depending on the seriousness): Be required to apologise Undergo counselling Receive a verbal or written warning Be required to undergo retraining Have their employment terminated If the complaint is unsubstantiated: GCI may provide reasons to the complainant May require retraining in the policy.

[Audio] Explain the support available to employees.