Workplace Behaviour Policy

1. Overview

  • This policy sets out to describe the expectations of all those involved with BBM Ltd in creating and maintaining a respectful workplace.

  • It also describes in detail what constitutes unacceptable behaviour including discrimina-tion, harassment, sexual harassment, bullying, victimisation, vilification and breaches of confidentiality.

  • Finally, it makes clear what action should be undertaken in the event that any unacceptable behaviours are experienced or witnessed.

2. Scope

This policy applies to BBM Ltd including our team members, contractors, consultants,

directors and volunteers. It also applies to everyone partaking in placements at workplaces arranged by our Global Footprints scholars.

This policy applies to behaviour that occurs in all BBM workplaces including scholar place-ments, as follows:

  • during work activities and in connection with work (even if it occurs outside normal working hours)

  • at work-related events such as conferences, seminars and work-related social functions

  • interactions with clients, visitors and members of the public

  • interactions regarding employment, recruitment and selection, conditions and benefits, training and promotion, task allocation, shifts, hours, leave arrangements, workload, equipment and transport

  • work-related travel

  • use of social media and other electronic communication

3. Aim

The aim of this policy is to:

  • Make sure that we meet our responsibilities under relevant state and federal legislation including the Fair Work Act 2009 (Cth) and the Work Health and Safety Act 2011 (Cth).

  • Create and maintain a safe and respectful work environment in which everyone feels safe both physically and emotionally.

4. Guiding Principles

We

  • Recognise the right of people to work in a safe environment that is harmonious and free from unlawful discrimination, harassment, bullying, vilification, victimisation and any other form of unreasonable behaviour.

  • Are committed to eliminating bullying, discrimination or harassment from the workplace.

  • Will respond to reports made under this policy in a timely manner and keep matters confidential (where possible).

  • Will not accept or allow victimisation of people who make reports under this policy.

5. Expected Workplace Behaviour

We expect that:

  • everyone is treated with dignity, courtesy and respect;

  • discrimination, bullying, harassment and abuse of power in any form are not tolerated;

  • appropriate standards of conduct are encouraged and promoted;

  • leaders lead by example;

  • all incidents of unacceptable behaviour are confronted and/or reported;

  • all reports of unacceptable behaviour are dealt with sensitively, fairly and with appropriate urgency;

Examples of unacceptable behaviour:

From time-to-time behaviour may occur that is not aligned to a safe and respectful workplace. The following provides a description of behaviours which the BBM considers unacceptable. This list is not considered to be exhaustive and there may be other unacceptable behaviours that occur which are not listed here.

6. Definitions

6.1 Bullying

Workplace bullying is unreasonable behaviour directed towards an individual or group of indi-viduals in a workplace, that creates a risk to health and safety.

Reasonable management action taken in a reasonable way is not considered to be bullying. Bullying may involve discrimination or sexual harassment but discrimination or sexual harass-ment in isolation is not bullying. Workplace conflict such as disagreements and differences of opinion are generally not considered to be bullying but may escalate to a point where it meets the definition of bullying.

Bullying may involve, but is not limited to, any of the following types of behaviour:

  • aggressive or intimidating conduct

  • belittling or humiliating comments

  • spreading malicious rumours

  • teasing, practical jokes or ‘initiation ceremonies’

  • exclusion from work-related events

  • unreasonable work expectations, including too much or too little work, or work below or

  • beyond a team member's skill level

  • displaying offensive material

  • pressure to behave in an inappropriate manner

Workplace bullying can be carried out in a variety of ways. Bullying may occur in person or via telephone and electronic means such as email, text messaging, instant messaging and other forms of social media. Bullying can be directed at a person or a group of people by one or more team members.

Bullying does not need to be intentional to be in breach of this policy. Whilst one-off incidents of unreasonable behaviour may not be considered bullying, they are still inappropriate and may constitute discrimination or harassment.

6.2 Repeated Behaviour

Repeated behaviour refers to the persistent nature of the behaviour and can involve a range of different behaviours over time.

6.3 Unreasonable Behaviour

Unreasonable behaviour is that which a reasonable person, with knowledge of the circumstances, would see as victimising, humiliating, intimidating, undermining or threatening.

6.4 Reasonable Management Action

As per the Fair Work Act 2009 (Cth), reasonable management action carried out in a reasonable manner does not constitute bullying.

Reasonable management action includes:

  • performance management processes

  • disciplinary action for misconduct

  • informing an individual about unsatisfactory work performance or inappropriate work behaviour

  • directing a team member to perform duties in keeping with their job

  • maintaining reasonable workplace goals and standards

  • enforcement of legislation and regulations

6.5 Discrimination

Discrimination occurs when someone is treated unfairly because they belong to a group or category of people. There are federal and state laws which make discrimination unlawful on a variety of grounds, including:

  • Race, colour, nationality

  • Sex

  • Sexual orientation

  • Pregnancy or potential pregnancy

  • Carer responsibilities

  • Marital or relationship status

  • Religion

  • Political opinion

  • National extraction

  • Social origin

  • Age

  • Medical record

  • Criminal record

  • Impairment

  • Mental, intellectual or psychiatric disability, physical disability

  • Trade union activity

  • Discrimination may be direct or indirect

  • Direct discrimination occurs if a person is treated less favourably because of one of the unlawful reasons listed above.

  • Indirect discrimination is when there is a requirement or rule, that is the same for everyone, but in effect it disadvantages people from a particular group more than people from other groups - unless the requirement is reasonable in the circumstances.

6.6 Discriminatory conduct

Discriminatory conduct is behaviour which is prohibited under Work Health and Safety laws.

Discriminatory conduct includes the following conduct, when the main reason for the conduct is the person’s involvement in health and safety, for example, they are part of a health and safe-ty committee, raise a health and safety issue, make a complaint about health and safety or pro-vide information to an inspector:

  • Terminating a team member’s employment or contract for services

  • Terminating, or refusing to enter into, a commercial arrangement with another person

  • Altering the position of an individual to their detriment

  • Not engaging a prospective team member or treating a prospective team member less favourably than another prospective team member would be treated

  • Arranging or threatening one of the above actions

6.5 Harassment

Harassment is a form of unlawful discrimination. Harassment includes sexual harassment and other types of harassment which the law does not allow e.g. harassment based on other grounds of discrimination such as race, age, disability.

In general, harassment is any form of behaviour that:

  • is unwanted

  • offends, humiliates or intimidates a person

  • creates a hostile environment

Harassing behaviour may include but is not limited to:

  • offensive language; verbal abuse;

  • innuendo or gestures; inappropriate jokes; offensive material displayed or circulated

  • offensive material sent by email or posted on a website or social media; and

  • intimidation or threats to cause physical harm.

6.6 Sexual harassment

Sexual harassment is an unwelcome sexual advance, unwelcome request for sexual favours or other unwelcome sexual behaviour, which a reasonable person would expect would make a person feel offended, humiliated and/or intimidated. Sexual harassment is unlawful. Sexual harassment is not behaviour that is interaction, flirtation, or friendship which is mutual or con-sensual.

Examples of sexual harassment include:

  • Unwelcome requests for dates or sexual favours, or repeated requests when the person has refused similar invitations before

  • Staring or leering in a sexual manner

  • Unnecessary familiarity, such as deliberately brushing up against a person

  • Unwanted sexual or physical contact

  • Sexual jokes, innuendo, comments, insults or taunts

  • Sexually explicit emails or text messages

  • Offensive sexual gestures

  • Unwelcome comments or questions about a person’s physical appearance or sexual characteristics or intrusive questions about sexual activity

  • Display or circulation of sexual material

  • Sexual assault

Just because someone does not object to inappropriate behaviour in the workplace at the time does not mean that they are consenting to the behaviour.

Behaviour can still be considered to be sexual harassment even if:

  • it is a one-off incident;

  • the person engaging in the behaviour did not intend to humiliate, intimidate or offend;

  • other people in the workplace are not offended by the behaviour; or

  • the behaviour was previously an accepted practice in the workplace.

Sexual harassment may be considered work-related even if it occurs outside of the workplace or outside of normal working hours, such as during work related travel, at an industry event, or conference for example.

All incidents of sexual harassment – no matter how big or small or who is involved – should be reported to ensure any unacceptable behaviour is not repeated.

What is not sexual harassment?

  • Where individuals engage in consensual, welcome, and reciprocated behaviour, this is not sexual harassment. However, appropriate professionalism is expected at all times. Consent is often wrongly assumed. For the avoidance of all doubt, consent needs to be given clearly and enthusiastically - anything less should be regarded as a “no”.

6.7 Vilification

Vilification is a public act that could incite or encourage hatred, serious contempt or severe rid-icule towards people because of their:

  • race, colour, nationality, descent, ethnic, ethno-religious or national origin

  • homosexuality (actual or presumed)

  • HIV or AIDS status (actual or presumed)

  • transgender status (actual or presumed)

Vilification is also discriminatory and unlawful.

6.8 Victimisation

Victimisation is punishing or threatening to punish someone because they have:

asserted their rights under equal opportunity law

  • made a complaint

  • helped someone else make a complaint

  • refused to do something because it would be discrimination, sexual harassment or victimisation.

Victimisation is illegal and will not be tolerated.

7. Responsibilities

7.1. Team members, volunteers and consultants

Our team members, volunteers, and consultants are responsible for:

  • Following this policy and our other policies. They must not engage in unacceptable be-haviour including bullying, harassment, discrimination, vilification or victimisation.

  • Reporting discrimination, discriminatory behaviour, bullying, harassment, vilification and other forms of unreasonable behaviour in accordance with this policy. This includes where an individual witnesses these types of behaviour towards another person.

7.2. Scholars, hosts, sponsors, and supporters

Our scholars and everyone involved in our scholarship program including hosts, sponsors, and all individual and industry supporters are responsible for:

  • Following this policy and our other policies. They must not engage in unacceptable behaviour including bullying, harassment, discrimination, vilification or victimisation.

  • Reporting discrimination, discriminatory behaviour, bullying, harassment, vilification and other forms of unreasonable behaviour in accordance with this policy. This includes where an individual witnesses these types of behaviour towards another person.

7.3. CEO

The CEO has the same responsibilities as all team members, but they are also responsible for:

  • Modelling and promoting a culture that is free from discrimination, discriminatory behaviour bullying, harassment and vilification

  • Providing WHS advice and guidance to staff

  • Making sure that employees are aware of their rights and responsibilities

  • Promptly responding to reports of discrimination, discriminatory behaviour, bullying, harassment, vilification and other forms of unreasonable behaviour

  • Treating all reports seriously

  • Maintaining confidentiality and privacy (where appropriate).

  • Managing reports as per our policies and procedures.

  • Logging incidents and hazards (including complaints about workplace behaviour)

  • Escalating reports of discrimination, discriminatory behaviour, bullying, harassment, vilification and other forms of unreasonable behaviour to the Chair of the Board as appropriate.

8. Reporting issues

Individuals who feel that they have been or are being discriminated against, bullied, harassed, treated unfairly, or vilified at the workplace, or have observed this behaviour towards others in the workplace, should report the matter as soon as possible.

Matters should be raised with:

  • the CEO

  • the Chair of the Board, if the CEO is involved

Reports may initially be raised verbally, but we may request that the individual formalises the report later by submitting it in writing.

Note: All reports will be logged in our work health and safety system with individual privacy pro-tected.

If you witness unreasonable behaviour including discrimination, discriminatory behaviour, bul-lying, harassment, or vilification you should report it to the CEO as a matter of urgency.

9. Our response

When discrimination, discriminatory behaviour, bullying, harassment, vilification or other forms of unreasonable behaviour are reported, we will take the following action:

The CEO, unless involved, will speak to both parties as soon as possible and gather infor-mation to come to some resolution (an external HR advisor may also be engaged to facilitate this process).

Where an appropriate resolution cannot be determined, we will conduct an investigation as soon as possible. Reports and investigations will only be discussed with those directly concerned.

The investigator will determine whether the allegation is supported by evidence or not. If an allegation is supported, we will take action that is appropriate to the circumstances.

Action may include one or more of the following:

  • Requesting an apology

  • Providing training

  • Addressing any issues that may have contributed to the behaviour occurring

  • Implementing measures that may prevent the behaviour from reoccurring

  • Gaining a commitment that the behaviour will not be repeated

  • Issuing a verbal or written warning

  • Terminating employment or agreement

  • Reporting the matter to any external authorities as required

If the allegation is not supported, we might still take action to assist in resolving the situation. This might include mediation or changes to current arrangements.

We might take disciplinary action if a report is found to be vexatious or malicious.

10. Other avenues

Under the Fair Work Act 2009 (Cth), an individual may apply to the Fair Work Commission for an order to stop repeated bullying at work from continuing. For more information, refer to the Fair Work Commission’s Guide: Anti-Bullying on their website.

An individual may also contact SafeWork NSW to raise concerns about workplace bullying.

If the discrimination, bullying, harassment, vilification or other forms of unreasonable behaviour are related to discriminatory grounds, an individual can also seek advice from, or make a com-plaint to, the Anti-Discrmination Board of NSW or the Australian Human Rights Commission.

11. Health and wellbeing

Health and wellbeing is very important to us. Individuals who feel that they are being discrimi-nated against, bullied, harassed or vilified may need additional support.

This can be accessed by:

  • contacting the Employee Assist Program (for employees)

  • contacting Lifeline on 13 11 14 or visiting their website for more information

  • seeking assistance from a doctor or relevant healthcare professional

12. Appeals

Parties to decisions made under this policy have the right of appeal. Appeals will be managed by the CEO unless they were involved in the issues or original decision, in which case the ap-peal will be managed by the Chair.

13. Relevant Legislation

  • Fair Work Act 2009 (Cth)

  • Anti-Discrimination Act 1977 (NSW)

  • Work Health and Safety Act 2011 (NSW)

  • Sex Discrimination Act 1975 (Cth)

  • Australian Human Rights Commission Act 1986 (Cth)

  • Disability Discrimination Act 1992 (Cth)

  • Age Discrimination Act 2004 (Cth)

13.1. Related documents/resources

  • Staff Code of Conduct and Ethics

  • Employee Health and Wellbeing

  • Scholar/Host/Supporter Agreements

  • Fair Work Commission

  • SafeWork NSW

  • Anti-Discrimination Board NSW

  • Australian Human Rights Commission

Policy Information
Version: 3
Approved: 10/2021
Amended:
Reviewed: 11/2024
Review frequency: Biennial
Responsible position: CEO