30 years ago, it was relatively common for seemingly individual issues within larger organisations to be raised on a collective basis. Within the tangled complexity of an era of State and Federal awards, it was not unusual for an individual complaint about an award obligation to become (or to be raised as) a union led discussion for a collective agreement.
For those who have been watching, there’s been a consistent theme across legislative changes in the past 18 months or so. That theme continues the move towards enhancing an environment in which issues that have in recent decades been viewed and addressed by employers through an individual lens, can now be more readily agitated and pursued collectively. More common examples include the opportunity for employers to be forced (by a request rather than a majority support determination) into bargaining following the nominal expiry date of an enterprise agreement, the introduction of new rights and protections for workplace delegates, and the opportunity for permit holders to obtain an exemption certificate when entering premises without notice for a suspected underpayment.
Of particular interest has also been the recent public campaign adopted by one union in respect of alleged sexual harassment against multiple workers. In addition to filing a claim in the Federal Court seeking significant damages, the union appears to have also invested significant time and resources in:
Establishing a standalone multimedia website containing audio interviews and songs recorded by members of the group of workers.
The publication of related campaign material which:
links the campaign back to an early 20th century strike in the USA relating to a two hour pay cut caused by a law that shortened the work week for women, ultimately resulting in significant pay rises; and
cites eliminating insecure work arrangements and ensuring union access and representation as two of the ways employers can ensure safe workplaces (including with respect to sexual harassment).
Inviting the public to raise their concerns on social media with named retailers who are said to sell products supplied by the employer of the workers.
It’s not yet clear whether this is a sign of things to come, but if nothing else, it’s a further clear example of the importance of employers taking all reasonable steps to meet their positive duty to eliminate sexual harassment, and a warning that what many might see as occasions of alleged sexual harassment against individuals, is now more likely to become a collective issue.
