Booklet 2: Workplace effectiveness

How must all employees be treated at work?

All employees deserve to be treated fairly and with respect. It’s not just good for business; it’s the law.

What do discrimination, harassment, and bullying cause in the workplace?

loss in time and money, damage morale, reduce productivity and undermine reputations.

At what stages do employer responsibilities apply?

Employers’ responsibilities across all stages of employment, including recruitment, during pregnancy , returning to work after parental leave, if you are injured or ill, and if being dismissed or made redundant.

What are the rights of employees?

• Fair treatment and respect

• Safe, healthy work environment

• Protection from discrimination, harassment, bullying

• Equal opportunity in recruitment/promotion

• Paid leave (sick, parental, annual, etc.)

• Fair pay and conditions

• Support if injured or ill

• Proper notice/fair treatment if dismissed/redundant

What are the responsibilities of employees?

• Follow workplace rules, policies, procedures

• Work safely, protect self and others

• Use equipment properly, report hazards

• Respect colleagues, supervisors, clients

• Avoid bullying, harassment, discrimination

• Perform duties honestly and responsibly

What are the rights of employers?

• Employees follow lawful and reasonable directions

• Maintain productivity and performance standards

• Workplace rules and policies respected

• Ability to discipline staff when needed

• Protect reputation and business assets

What are the responsibilities of employers?

• Provide a safe and healthy workplace (OHS)

• Treat employees fairly, without discrimination

• Pay correctly and on time

• Provide leave entitlements

• Ensure equal opportunity, prevent bullying/harassment

• Offer training, resources, and support

• Communicate workplace rights/responsibilities clearly

What is Occupational Health & Safety (OH&S)?

A broad term covering issues, laws, and initiatives to protect workplace health and safety.

Which law protects OH&S in Victoria?

The Occupational Health & Safety Act 2004 (Vic).

What does the OH&S Act do?

• States both employers and employees are responsible for safety.

• Provides rules for compensation if injured/killed at work.

• Aims to prevent workplace accidents.

• Protects health, safety, and welfare of employees, employers, customers, and clients.

What do OH&S committees do?

• Include employees and management reps.

• Meet regularly to discuss unsafe practices.

• Ensure workplace meets OH&S laws.

What is the Hierarchy of Control?

A step-by-step method to reduce risks, ranked from most to least effective.

Levels:

1. Eliminate – remove hazard completely (e.g., trip hazards).

2. Reduce the Risk – substitute or isolate hazard.

3. Administrative Controls – safe procedures, time limits, warning signs.

4. PPE – last line, equipment worn by employees (gloves, helmets, masks).

What is the role of WorkSafe Victoria?

• Inspect workplaces to enforce OH&S laws.

• Prevent accidents and protect welfare.

• Advise workplaces on safety.

• Prosecute unsafe employers.

• Take action after accidents.

How does WorkSafe support injured workers?

• Pay medical costs.

• Organise return-to-work programs.

• Provide Workplace Injury Insurance for employers.

• Pay worker’s usual wage while off (Workers Compensation Scheme).

Why is OH&S important for workers?

Protects them from death, injury, and long-term harm.

Why is OH&S important for employers?

Avoid fines, reduce costs, attract staff.

Why is OH&S important for the community?

Customers/clients expect safety, and families don’t want harm to workers.

Why is OH&S important for the government?

They make/enforce laws, run WorkSafe, and expect compliance.

Who are the OH&S stakeholders?

• Employees – right to safe work, must follow safety + report hazards.

• Employers – provide safe workplaces, training, equipment.

• Governments – state = laws & WorkSafe; federal = national OH&S policy (Safe Work Australia).

• Unions – support workers, campaign for safer conditions.

• WorkSafe – enforce laws, investigate incidents.

• Community – expects safe workplaces as customers & family of workers.

• Clients/Customers – have right to safety while at workplaces.

• Suppliers/Contractors – must provide safe products/services.

Laws Protecting Equal Opportunity

• Federal Sex Discrimination Act 1984

• Victorian Equal Opportunity Act 2010

• Racial and Religious Tolerance Act 2001

• Charter of Human Rights and Responsibilities Act 2006
  ➡ Aim: promote equality & eliminate discrimination.

Unlawful Grounds for Discrimination (Employment)

• Gender

• Race

• Disability/illness

• Political beliefs

• Trade union membership

• Religion

• Marital status

• Sexuality

• Parental status

• Age

• Physical features

• Pregnancy

Worker’s Rights

• Legal protection from discrimination and harassment.

• Freedom from bullying, workplace violence, and sexual harassment.

Discrimination

• Treating someone unfairly due to personal characteristics (age, gender, race, etc.).

• Illegal in employment, education, buying goods/services, and other areas.

Harassment

• Repeated bullying, targeting or exclusion (physical, verbal, emotional).

• Example:

  • Discrimination: Woman denied pay rise because she’s female.

  • Harassment: Woman called derogatory names because she’s female

Sexual Harassment

• Unwanted sexual behaviour: offensive jokes, emails/texts, touching.

• Must be unwanted, unwelcomed, and uninvited.

Physical Violence

• Form of bullying, illegal in workplaces.

• Serious long-term impact on health, safety, and wellbeing.

Affirmative Action

• Policies to improve representation of disadvantaged/underrepresented groups.

• Aim: fairness and equality in workplaces.

Equal Opportunity & Human Rights Commission (EOHRC)

• Established 1997 in Victoria.

• Provides:

  1. Free, fair, confidential complaints service.

  2. Conciliation (independent 3rd party helps settle disputes).

  3. Education and information about equal opportunity rights.