The Group s Workplace Conduct (EEO) Policy 1. Introduction The Group is committed to eliminating all forms of unlawful discrimination, unlawful harassment, bullying and victimisation of persons in the workplace ( Unacceptable Workplace Conduct ). It is committed to creating and maintaining a workplace where all staff can do their work without fear of Unacceptable Workplace Conduct impacting them. Where Unacceptable Workplace Conduct is found to have occurred, the Group may take disciplinary action against the perpetrator up to and including termination of their employment. The laws governing Unacceptable Workplace Conduct are different in each State in Australia. However, the standards set out in this Policy apply throughout the Group s workplaces in Australia. Protected attributes Under Australian law, there are a number of attributes or characteristics on the basis of which it is unlawful to discriminate. The characteristics or attributes include, but are not limited to: Race (defined as colour, descent or ancestry, nationality, ethnic origin or ethno-religious origin) Sexual preference Religion Disability (including physical, intellectual, psychiatric, sensory, neurological or learning disabilities) Age Pregnancy or potential pregnancy Family responsibilities Sex Carers responsibilities Carrying a disease-bearing organism (eg. the HIV virus) Marital status Physical features (eg. height, weight, size or other bodily characteristics) Breastfeeding Page 1 of 11
Irrelevant criminal record Medical record Political belief or activity Trade union activity Transgender identity Being an associate of someone with (or imputed to have) any of the above attributes We refer to these attributes or characteristics as the Protected Attributes in this Policy. Who does this Policy apply to? This Policy applies to everyone who carries out work for the Commonwealth Bank Group. This includes employees, prospective employees, contractors, volunteers and unpaid trainees, whether or not they work full-time, part-time or on a casual basis. This Policy also applies to the provision of services to the Group s customers. (c) When does this Policy apply? This Policy applies to the behaviour of persons who carry out work for the Group: (d) In the workplace: including working outside normal hours During work activities: including dealing with customers. At work-related events: including conferences, offsites, Christmas parties, business development activities and social functions. Does this Policy cover third parties? At no time in providing services to or otherwise interacting with our customers, clients or other third parties (eg. individuals from organisations outside the Group) should anyone be subject to Unacceptable Workplace Conduct. The Group will take appropriate action if any of our customers, clients or other third parties engage in Unacceptable Workplace Conduct against the Group s employees. (e) Who can be held legally liable for breaches of EEO legislation? You an individual can be held legally liable for their actions under Australian legislation. Page 2 of 11
Managers individual Managers can be held legally liable in certain circumstances for the actions of their team members if they condone or permit unacceptable behaviours. Us as an employer, we can be held responsible for the actions of our employees. 2. Unlawful discrimination What is unlawful discrimination? There are 2 types of unlawful discrimination: direct and indirect discrimination. Direct discrimination occurs when a person is treated less favourably than another person in the same or similar circumstances, because of or for reasons that include any of the Protected Attributes. Example: If an employer decided not to employ anyone over 30 years of age, it would be direct discrimination on the basis of a Protected Attribute (age). Indirect discrimination is often less obvious than direct discrimination. It occurs when a requirement, condition or practice is imposed which applies to everyone and seems fair, but with which a higher proportion of people with a Protected Attribute are unable or less able to comply, or are disadvantaged as a result of. If the requirement, condition or practice is not reasonable in the circumstances, this may be indirect discrimination. Example: If an employer decided to hold weekly staff meetings at 7.00pm this appears to be a neutral requirement that applies to everyone but could indirectly discriminate against those with family responsibilities because they may not be able to comply with the requirement to attend work until 7.00pm. Example: The minimum height requirement that used to exist in the police force directly discriminated against shorter people on the basis of physical features, and indirectly discriminated against women and people of certain races, who tended to be shorter. In determining whether unlawful discrimination has occurred (direct or indirect), whether or not a person is aware that they Page 3 of 11
have discriminated is irrelevant. The person s motive for discriminating is also irrelevant. Exceptions In some situations, the legislation provides exceptions to discrimination, or permits what would otherwise be unlawful discrimination. For example, while it is unacceptable to discriminate against a person with a disability, discrimination may be justified if the person, because of their disability, cannot perform the inherent requirements of their role. The exceptions to discrimination vary depending on the different laws in each State or Territory of Australia. 3. Unlawful harassment What is unlawful harassment? Unlawful harassment is: unwelcome, uninvited and unreciprocated behaviour which offends, humiliates or intimidates another person; AND which is based on one of the Protected Attributes listed above. Unlawful harassment is prohibited by this Policy and may be prohibited by law, principally because it falls within the definition of discrimination (ie. it is not generally a separate offence under most EEO legislation). The most common form of unlawful harassment is sexual harassment. What is sexual harassment? A person sexually harasses another person if they: make an unwelcome sexual advance; make an unwelcome request for sexual favours; or engage in other unwelcome conduct of a sexual nature, AND a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the other person would be offended, humiliated or intimidated. Circumstances to be taken into account include, but are not limited to, the following: Page 4 of 11
the sex, age, marital status, sexual preference, religious belief, race, colour, or national or ethnic origin, of the person harassed; the relationship between the person harassed and the person who made the advance or request or who engaged in the conduct; any disability of the person harassed; any other relevant circumstance. It does not matter that the perpetrator did not mean or intend to sexually harass the other person. In other words, an offender s innocent intent is irrelevant. (c) Conduct in and outside the workplace Sexual harassment is unlawful in the workplace (whether it is the workplace of the perpetrator or the person harassed) or at work-related events. Conduct that occurs outside the workplace may amount to sexual harassment if there is a connection to the workplace (eg. work functions or social events organised between colleagues). Example: If a mentor takes an employee out for a coffee to provide mentoring and to discuss work-related issues, any sexual harassment or other Unacceptable Workplace Conduct that occurs at the coffee shop or restaurant may have the necessary connection to the workplace. Incidents of sexual harassment must be treated seriously. They must never be ignored. (d) Examples of sexual harassment Sexual harassment may involve any physical, visual, verbal or non-verbal conduct of a sexual nature including one-off incidents or a series of incidents. It may also involve acts done using postal, telegraphic, telephonic or other like services (e.g. acts done using email, SMS, mobile phone cameras and social networking sites). Examples of sexual harassment may include: Sexual jokes, offensive telephone calls. Displays of pornographic pictures, reading matter or objects. Offensive emails, screensavers, text messages or internet material. Page 5 of 11
Sexual propositions or persistent requests for dates, especially after prior refusal. Physical contact such as patting, pinching or touching in a sexual way. Unnecessary familiarity such as deliberately brushing against a person. Unwelcome and uncalled for remarks, questions or insinuations about a person's sex or private life. Suggestive comments about a person's appearance or body. Leering, wolf whistles, catcalls and obscene gestures. Indecent exposure. Sexual assault. When friendships or relationships develop between employees and are established with mutual consent, this is unlikely to involve sexual harassment. However, such relationships should not be inconsistent with the Group s expectation that each person conducts themselves in a professional manner while undertaking work for the Group. 4. Victimisation Victimisation means subjecting someone to a detriment because they propose to have, or are believed to have: asserted their rights under this Policy or relevant legislation (which includes EEO and OHS legislation); raised a complaint or made an allegation that another person has breached this Policy or the relevant legislation; or assisted someone in raising an issue under this Policy or the relevant legislation (eg. by giving evidence). A detriment refers to demotion, dismissal, transfer, suspension, loss of a benefit, being ostracised from work or work-related social functions, or being the subject of gossip or innuendo. Victimisation applies to everyone, that is, it is unlawful for any person to victimise another person (eg. victimisation is not permitted by Managers towards team members or by colleagues towards each other). Frivolous and vexatious complaints However, it is not victimisation and therefore not unlawful to subject someone to a detriment (eg. disciplinary action) due to Page 6 of 11
an allegation made by a person if the allegation is false and not made in good faith. Disciplinary action up to and including termination of employment may be taken against an employee if they make an allegation that is false and not made in good faith. 5. Workplace Bullying What is workplace bullying? Workplace bullying is repeated and unreasonable behaviour towards a person in the workplace which creates a risk to their occupational health and safety. Repeated means persistent or ongoing behaviour. Unreasonable behaviour is inappropriate behaviour that a reasonable person would expect to victimise, humiliate or threaten a person. Examples of workplace bullying Bullying behaviour can range from very obvious verbal or physical assault to less obvious conduct. Workplace bullying may include, but is not limited to: Physical or verbal abuse or threats, including name calling. Yelling or screaming at a person or offensive language. Repeated teasing, practical jokes or inappropriate comments. Excluding or isolating employees. Psychological harassment. Assigning meaningless tasks unrelated to the job. Giving employees impossible jobs. Deliberately changing work rosters to inconvenience particular employees. Undermining work performance by deliberately withholding information vital for effective work performance. Intimidating an employee with threatening body language, abusive emails or repeated, unwarranted criticism. Reasonable management action Reasonable action taken on behalf of the Group with respect to employees such as performance management, performance appraisals, discipline of employees, directions to employees and retrenchment or dismissal of employees does not constitute workplace bullying. Page 7 of 11
6. Job suitability based on merit Anti-discrimination legislation does not mean that someone should be promoted, given higher duties, development opportunities or promoted if they do not have the skills and abilities to perform a role. If a person cannot fulfil the requirements of a position and the requirements are reasonable or cannot be altered, it is not unlawful discrimination to refuse to employ someone. However, it is important that irrelevant characteristics do not have any bearing whatsoever on such a decision. 7. Complaints procedure What should I do if I have experienced Unacceptable Workplace Conduct? The steps you should take if you experience Unacceptable Workplace Conduct are as follows: 1. Speak or write to the other person You are encouraged, at first instance, to raise any issue regarding Unacceptable Workplace Conduct with the person involved. Speaking to the person involved might help them understand how their behaviour has impacted you. You could put your thoughts on paper if you prefer. You should only take this option if you feel comfortable. If you don t feel comfortable speaking or writing to the person involved, or raising the issue with them has not resolved it to your satisfaction, then you can use the next step in the complaints procedure. 2. Speak to your or the other person s Manager If this does not resolve the issue to your satisfaction, use the next step in the procedure. 3. Speak to your Manager Once Removed If this does not resolve the issue to your satisfaction, use the next step in the procedure. 4. Speak to HR Direct HR Direct can be contacted on 1800 989 696 and is open Monday to Thursday 8.00am - 6.00pm and Friday 9.00am 6.00pm AEST. HR Direct provides advice and assistance to individual employees and Managers on EEO and diversity. HR Direct can be contacted on 1800 989 696 Monday to Page 8 of 11
Thursday 8.00am to 6.00pm and Friday 9.00am to 6.00pm(AEST) 5. Seek a Fair Treatment Review The Group s Fair Treatment Review Policy can be accessed on the Intranet at HRIntranet - Fair Treatment Review. Investigating an incident Suspected breaches of this Policy will, in most cases, be investigated by the Group. Investigations will take place on a confidential basis. Employees and other persons who are found to have breached this Policy will be subject to appropriate disciplinary action which may include termination of employment. Other persons who breach this policy will be subject to appropriate action, at the discretion of the Group. (c) No need for a complaint The Group may investigate and decide that behaviour breaches this Policy even if a complaint has not been raised by anyone. 8. Your responsibilities Everyone in the Group, regardless of their role, is responsible for maintaining a work environment that is free from Unacceptable Workplace Conduct. Employees As an employee, you must: Take time to read and understand the Group s Workplace Conduct Policy. Page 9 of 11
Report any suspected incidents of Unacceptable Workplace Conduct that you become aware of. Respect and support colleagues who request that Unacceptable Workplace Conduct stops. Provide your full co-operation in any investigation into a complaint of Unacceptable Workplace Conduct. Help to ensure that your office area is free of inappropriate material. Managers Managers can help prevent Unacceptable Workplace Conduct by: Being approachable for employees to raise these kinds of issues. Dealing with complaints and suspected instances of Unacceptable Workplace Conduct immediately. Ensuring their team members complete compulsory workplace behaviour training (and recommended training, where appropriate). (c) Bringing this Policy to the attention of team members and reinforcing its content. Ensuring that team members who raise complaints under this Policy are not victimised or subject to any detriment (including gossip and innuendo). Confidentiality Managers must give careful consideration to what to do when an employee raises an issue or makes a complaint and asks that the matter be kept confidential and not escalated. In these situations, Managers must seek advice from their Manager Once Removed or BUHR. (d) Learning Employees will be required to undergo workplace behaviour training at the commencement of and during their employment with the Group. Types of training available are as follows: Compulsory training: Online learning Equal Employment Opportunity module. This is accessible via The Learning Centre on the Intranet. Recommended training: The Prevention of Harassment Workshop. This Workshop is available to all employees and can be accessed by booking a Page 10 of 11
place via The Learning Centre (available on the Intranet). The Workshop aims to help identify types of Unacceptable Workplace Conduct and prevent these behaviours in the workplace. This Policy may be subject to change from time to time at the Group s discretion. It does not form part of your contract of employment or any industrial instrument that applies to you. Page 11 of 11