On December 12, new positive duty laws will come into effect which mandate employers must prevent, rather than simply respond to sexual and sex-based harassment in the workplace. The laws also make it an offence to have a hostile workplace.
As Tamsin Lawrence, Senior Associate at Australian Business Lawyers & Advisors (ABLA), explained in a webinar earlier this year, “the positive duty is directed at improving all the systems you put in place whether you experience it or not”.
Custom Neon is a retailer and manufacturer of custom-designed LED neon lights and signs for customers across the globe. The Australian-headquartered brand has about 35 team members locally and in the US and UK. People and culture manager Jess Munday spoke to us about the steps they are taking to address the incoming laws and ensure both its management team and staff are prepared.
1. Training
Custom Neon has already begun training both its management team and staff in an attempt to improve their understanding of obligations under positive duty and incorporate them into their everyday operations. The training also helps them understand some of the steps they can take to get rid of bias and create a more equal work environment, Munday explains.
“We do internal training as part of our leadership meetings, and we host in-person sessions for our local teams or virtual sessions for our global team members,” she says.
She adds that they try to make the learning environment as engaging as possible.
Step 2: Feedback
Munday says another key to preparation has been to use a feedback-driven approach. The company had every employee fill out an inclusion and belonging survey, and after receiving the survey results, held “open talks” for team members to share ideas and experiences.
This feedback-driven approach helps to identify problems and provide solutions.
“We then use interactive training sessions to encourage conversation, involvement, and possibilities for shared learning,” she adds.
Step 3: Policies and procedures
Custom Neon is reviewing all its policies and procedures to make sure that hiring, promotion, and general workplace culture comply with the most recent regulations, Munday says.
Munday says that they regularly update policies and procedures anyway, typically doing about three to four per quarter.
“Although updating our policies is a big job, we need to keep our operational integrity,” she says.
“In this process, our leadership team conducts a thorough review, taking into account feedback from team members, shifts in corporate policy, and recent legal updates. This approach ensures that our policies remain relevant, effective, and aligned with current standards and needs.”
Step 4: Communication
Because one of the biggest challenges Custom Neon expects is making sure everyone understands and applies the ideas behind positive duty, they’re strengthening their internal communication strategy as well.
This strategy is based on a combination of regular monthly meetings and uploading revised policies to a platform so everyone can see the latest information.
“In our monthly meetings, these updates are discussed further, providing a time for questions,” Munday says.
“This guarantees that everyone is aware of the changes and understands how they impact the group.”
The meetings not only include details on the new regulations and how they impact procedures but also how they relate to the roles of each team member. The meetings also sometimes include training.
“We see this as a chance for us to reiterate our dedication to a diverse, inclusive, and equitable workplace,” she adds.
Step 5: Track progress
And finally, Custom Neon is also organising regular meetings to track progress and resolve any new issues. She says this helps them “face the challenge of consistent execution”.
“We recognise and welcome the move towards more hospitable and equal employment practices that the positive duty laws will bring about,” Munday concludes.
Update your policies and procedures
My Business Workplace has a policy on sexual harassment to help you comply with the new positive duty rules.
View the policy here.