ANTI DISCRIMINATION POLICY

PURPOSE

These guidelines reinforce Australian Agricultural Resources Group Pty Ltd belief in responsible social and ethical behavior from all employees. This policy clarifies the standards of behavior that Australian Agricultural Resources Group Pty Ltd expects of all employees to ensure the safety of fellow employees, contractors or visitors.

The Policy covers the level of and processes expected by Australian Agricultural Resources Group Pty Ltd in terms of the business manner with which all employees present themselves as representatives of the business to the public, clients and suppliers.

The Policy deals with Discrimination and Harassment and the management of such in the workplace.

These guidelines will be applicable for all activities, employees, contractors and suppliers to Australian Agricultural Resources Group Pty Ltd Australia.

These guidelines are to establish the company standards and procedures in relation to allegations of misconduct or serious misconduct by staff at Australian Agricultural Resources Group Pty Ltd.

Our employees contribute to the success of our organisation and that of our Clients. Australian Agricultural Resources Group Pty Ltd fully endorse that all employees are not deprived of their basic human rights but the need to ensure safety and compliance by all employees.

Furthermore, our employees have an obligation to the Business, our Clients and themselves to observe high standards of integrity and fair dealing. Unlawful and unethical business practices undermine employee trust and create a workplace environment and business profile that is free of discrimination and harassment.

This policy applies to all employees and contractors of Australian Agricultural Resources Group Pty Ltd who are either covered by an Industrial Award or the relevant Enterprise Agreement and who and who have completed their minimum period of employment of probation. References in this Policy refer to the relevant provisions of the Agreement. Nothing in this policy limits the rights of a staff member to make a protected disclosure in accordance with the Protected Disclosures Policy.

Unlawful discrimination:

• is defined under state and federal legislation as treating someone or a group of people less favorably than another person or group because of a particular characteristic's e.g. race, sex, religion specified under anti-discrimination legislation. Unlawful discrimination can be either direct or indirect.

Unlawful harassment         

• is defined under federal and state legislation, as any form of behavior where a person is made to feel intimidated, or humiliated because of a particular characteristic's eg, race, sex as specified under anti-discrimination or human rights legislation.

Sexual harassment            

• is defined under the Federal Sex Discrimination Act 1984 as any unwelcome sexual advance, request for sexual favors or conduct of a sexual nature in relation to the person harassed in circumstances where a reasonable person would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated

 Sexual assault:

• is any unwanted, non-consensual sexual act in which a person is threatened, intimated or forced to comply against their will, or where a person is unable to give consent because they are unconscious, asleep or incapacitated due to the effects of alcohol or other drugs.

BACKGROUND INFORMATION

In line with Australian Agricultural Resources Group Pty Ltd Mission, which expresses a fundamental value for the dignity of all human beings, this policy seeks to facilitate an inclusive, respectful and supportive working and learning environment with a clear statement of Australian Agricultural Resources Group Pty Ltd expectations in respect of conduct that may constitute discrimination and harassment (including sex-based harassment) or a breach of Australian Agricultural Resources Group Pty Ltd related policies.

POLICY STATEMENT

Australian Agricultural Resources Group Pty Ltd is committed to providing an environment that is free from discrimination and harassment where all staff are treated with dignity, courtesy and respect.

All staff has a right to work in an environment free from discrimination and harassment.

Australian Agricultural Resources Group Pty Ltd provides procedures by which all staff can have a complaint of discrimination and harassment addressed in a sensitive, fair, timely and confidential manner.

Australian Agricultural Resources Group Pty Ltd is also committed to providing an environment that is free from discrimination and harassment where all customers, suppliers and others that any representative of Australian Agricultural Resources Group Pty Ltd comes into contact with are treated with dignity, courtesy and respect.

This policy applies to all staff members, visitors, volunteers and contractors engaged or appointed by Australian Agricultural Resources Group Pty Ltd while on any Australian Agricultural Resources Group Pty Ltd worksite or engaged in Australian Agricultural Resources Group Pty Ltd related activity.

WHAT IS UNLAWFUL DISCRIMINATION?

 Unlawful discrimination is defined under state and federal legislation as treating someone or a group of people less favorably than another person or group because of a particular characteristic's e.g. race, sex, religion specified under anti-discrimination legislation. Unlawful discrimination can be either direct or indirect.

Direct discrimination occurs when a person or group of persons is treated less favorably than another person or group of persons because of their background or certain personal characteristics. Direct discrimination is unlawful under federal discrimination laws if the discrimination is based on protected characteristics or grounds, listed in this policy. Some limited exemptions and exceptions may apply.

Examples of behaviors that may amount to direct discrimination include: Excluding someone from a job or course because of their family responsibilities, by way of an example the following should be considered - an employee not being invited to work on a project because they are from a non-English speaking background and it is assumed people might have difficulty understanding them.

Indirect discrimination occurs when there is an unreasonable rule or policy that is the same for everyone but has an unfair effect on people who share a particular attribute. Indirect discrimination is unlawful if the discrimination is based on protected characteristics or grounds, listed in this policy. Certain attributes protected by law, such as a person’s race, sex, pregnancy. Some limited exemptions and exceptions may apply.  Indirect discrimination is not unlawful when the rule or policy is reasonable, having regard to the circumstances of the case.

Examples of behaviors that may amount to indirect discrimination include: Requiring all staff members to work hours that might be unfair  to a person with carer’s responsibilities (unless it can be shown that these hours are an essential condition) another example could be an employee not being able to undertake a duty or task necessary for their job because they have a disability and cannot access the facility or area where the activities are being undertaken.

Grounds for unlawful Discrimination and/or Harassment

Vilification on the grounds of race, religion, sexuality or gender identity is also unlawful.

The grounds for unlawful discrimination and harassment are explained in the relevant Federal and State legislation.

WHAT IS UNLAWFUL HARASSMENT?

Unlawful harassment is defined under federal and state legislation, as any form of behavior where a person is made to feel intimidated, or humiliated because of a particular characteristic's eg, race, sex as specified under anti-discrimination or human rights legislation.

Unlawful harassment can be verbal, written or physical, and has the intent or effect of creating an intimidating, hostile or offensive work and/or workplace environment.

Harassment can be a single incident, or repeated behavior, and can occur even if the behavior is not intended to offend.  Silence does not mean that the behavior is acceptable to the other person.

Examples of behaviors that may amount to harassment include:

Asking intrusive questions about someone’s personal life;

Comments that put down or stereotype people;

Offensive communications including digital communications (Face book, twitter, e-mails), written, images and telephone.

Derogatory or demeaning jokes intended to offend on the basis of stereotyped characteristics.

WHAT IS SEXUAL HARASSMENT?

Sexual harassment is defined under the Federal Sex Discrimination Act 1984 as any unwelcome sexual advance, request for sexual favors or conduct of a sexual nature in relation to the person harassed in circumstances where a reasonable person would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

Examples of behaviors that may amount to sexual harassment include:

Inappropriate remarks with sexual innuendos, smutty jokes or lewd comments;

Suggestive remarks about a person’s body or appearance;

Persistent, unwanted requests for dates;

·         Offensive hand or body gestures;

·         Uninvited physical contact such as patting, pinching, touching or putting an arm around another person.

·         Other acts or behaviors that may amount to an offence of sexual assault under relevant criminal legislation.

WHAT IS SEXUAL ASSAULT?

Sexual assault is any unwanted, non-consensual sexual act in which a person is threatened, intimated or forced to comply against their will, or where a person is unable to give consent because they are unconscious, asleep or incapacitated due to the effects of alcohol or other drugs.

Perpetrators of sexual assault might be known to the victim/survivor, or could be a stranger.

BEHAVIORS THAT DO NOT CONSTITUTE DISCRIMINATION OR HARASSMENT:

The following behaviors do not constitute Discrimination or Harassment:

Reasonable management practices, including performance management and discipline processes;

·         A lawful and reasonable instruction to carry out reasonable duties and instructions;

·         A direction to comply with University, rules, regulations and policies; and

·         A poor assessment of a staff/student’s work/assessment is not discriminatory, provided the criticism is reasonable and constructive.

 CONFIDENTIALITY AND VICTIMISATION

The parties to a complaint are required, at all stages of this policy and procedure, to maintain confidentiality in relation to the concern or complaint.  The parties must not disclose, by any form of communication, either the fact or the substance of the allegations or issues to anyone other than an advocate, staff representative or a qualified counselor.

A person must not victimise or otherwise subject another person to detrimental action as a consequence of that person raising, providing information about, or otherwise being involved in the resolution of a complaint under these procedures.

Any breach of either the confidentiality or non-victimisation requirements will be treated seriously by Australian Agricultural Resources Group Pty Ltd, and may result in disciplinary action.  Any such breach will be referred for investigation and handling in accordance with the relevant misconduct procedure.