Section 2: The current context for this Inquiry
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33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
86
United Nations, Office of the High Commissioner
for Human Rights, Guiding Principles on Business and
Human Rights: Implementing the United Nations ‘Protect,
Respect and Remedy’ Framework (2011); Organisation
for Economic Co-Operation and Development, OECD
Guidelines for Multinational Enterprises (2011).
Intensification of Efforts to Prevent and Eliminate All
Forms of Violence Against Women and Girls: Sexual
Harassment, GA/Res 73/148, UN Doc A/RES/73/148 (17
December 2018).
UN Women and International Labour Organization,
Handbook: Addressing Violence and Harassment against
Women in the World of Work (2019) 2.
International Labour Organization, Convention
Concerning the Elimination of Violence and Harassment in
the World of Work, Convention 190, Adopted 108th sess,
21 June 2019 (not yet entered into force).
Final Record Vote on the Adoption of the Recommendation
Concerning the Elimination of Violence and Harassment
in the World of Work, International Labour Conference,
108th sess (21 June 2019); Final Record Vote on the
Adoption of the Convention Concerning the Elimination
of Violence and Harassment in the World of Work,
International Labour Conference, 108th sess (21 June
2019). The Australian Chamber of Commerce and
Industry abstained from the vote on an accompanying
registration.
International Labour Organization, Convention
Concerning the Elimination of Violence and Harassment in
the World of Work, Convention 190, Adopted 108th sess,
21 June 2019 (not yet entered into force) art 3. For
example, it prescribes that violence and harassment in
the world of work should cover situations occurring: (a)
in the workplace, including public and private spaces
where they are a place of work; (b) in places where the
worker is paid, takes a rest break or a meal, or uses
sanitary, washing and changing facilities; (c) during
work-related trips, travel, training, events or social
activities; (d) through work-related communications,
including those enabled by information and
communication technologies; (e) in employer-provided
accommodation when commuting to and from work.
Sex Discrimination Act 1984 (Cth); Discrimination Act
1991 (ACT); Anti-Discrimination Act 1977 (NSW); AntiDiscrimination Act 1992 (NT); Anti-Discrimination Act
1991 (Qld); Anti-Discrimination Act 1998 (Tas); Equal
Opportunity Act 1984 (SA); Equal Opportunity Act 2010
(Vic); Equal Opportunity Act 1984 (WA).
Fair Work Act 2009 (Cth).
Model Work Health and Safety Act 2011 (Cth).
Sex Discrimination Act 1984 (Cth) s 28A.
Sex Discrimination Act 1984 (Cth) pt II div 3.
Sex Discrimination Act 1984 (Cth) s 106.
Australian Government, Fair Work Ombudsman,
‘Legislation’, About Us (Online Repository) <www.
fairwork.gov.au/about-us/legislation>.
Fair Work Act 2009 (Cth) s 340.
Fair Work Act 2009 (Cth) s 351.
Fair Work Act 2009 (Cth) pt 6-4B.
Fair Work Act 2009 (Cth) pt 3-2.
Fair Work Act 2009 (Cth) ss 351, 772.
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52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
Model Work Health and Safety Act 2011 s 19.
Marie Boland, Review of the Model Work Health and
Safety Laws: Final Report (December 2018) 30.
Australian Women Against Violence, Submission 275,
Sexual Harassment Inquiry, 7.
Australian Bureau of Statistics, The Labour Force
Australia, March 1984 (Catalogue No 6203.0, 7 May
1984).
Australian Bureau of Statistics, The Labour Force
Australia, March 1984 (Catalogue No 6203.0, 7 May
1984) 13.
Australian Bureau of Statistics, The Labour Force
Australia, March 1984 (Catalogue No 6203.0, 7 May
1984) 13.
Australian Bureau of Statistics, The Labour Force
Australia, March 1984 (Catalogue No 6203.0, 7 May
1984) 13.
See generally Senate Select Committee on the Future
of Work and Workers, Parliament of Australia, Hope Is
Not a Strategy: Our Shared Responsibility for the Future of
Work and Workers (September 2018).
International Labour Organization, ‘Non-Standard
Forms of Employment’, Web Page (2019) <www.ilo.org/
global/topics/non-standard-employment/lang--en/
index.htm>.
Senate Select Committee on the Future of Work and
Workers, Parliament of Australia, Hope Is Not a Strategy:
Our Shared Responsibility for the Future of Work and
Workers (September 2018) 73–4.
Consultation with academics, Sydney; Consultation
with health and social services sector professionals,
Sydney (Parramatta); Consultation with policy
stakeholders (temporary visa holders), Sydney
(Ashfield); Union roundtable, Melbourne.
Senate Select Committee on the Future of Work and
Workers, Parliament of Australia, Hope Is Not a Strategy:
Our Shared Responsibility for the Future of Work and
Workers (September 2018) 74.
Australian Council of Trade Unions, Submission 306,
Sexual Harassment Inquiry, 15.
Women’s Electoral Lobby, Submission 297, Sexual
Harassment Inquiry, 16; Women with Disabilities
Victoria, Submission 312, Sexual Harassment Inquiry,
17; Women’s Health Victoria, Submission 342, Sexual
Harassment Inquiry, 10.
Organisation for Economic Co-Operation and
Development, ‘Trade Union’OECD.Stat (Data
Sheet, 18 October 2019) <stats.oecd.org/Index.
aspx?DataSetCode=TUD#>.
Organisation for Economic Co-Operation and
Development, ‘Trade Union’OECD.Stat (Data
Sheet, 18 October 2019) <stats.oecd.org/Index.
aspx?DataSetCode=TUD#>.
Yellow, Yellow Social Media Report: Part One: Consumers
(2018) 4, 10.
Yellow, Yellow Social Media Report: Part One: Consumers
(2018) 11.
Yellow, Yellow Social Media Report: Part One: Consumers
(2018) 6.
Prof P McDonald and Prof S Charlesworth, Submission
170, Sexual Harassment Inquiry, 6.