Australian workplaces encompass a diverse workforce, which comprises people of different cultural backgrounds, ages, physical and cognitive abilities, visa statuses, and employment arrangements.
While all people in the workplace must be protected from harm, there are additional legislative and ethical considerations for protecting vulnerable people in the workplace due to heightened risk of exploitation, harassment, discrimination, or harm due to systemic disadvantages or personal circumstances.
Protecting vulnerable workers is not only a legal obligation under the Australian employment laws, WHS laws, and human rights laws but also vital to achieving safe, productive, and inclusive workplaces. Thus, it is of utmost importance for employers to ensure that their workplaces provide a safe and inclusive environment for the vulnerable workers.
Who Are Vulnerable Workers?
Vulnerable workers may include:
– Migrant workers and international students
– Aboriginal and Torres Strait Islander people
– Workers with disability or mental health conditions
– Young workers (under 25), children and older workers (over 55)
– Casual, part-time, gig, or labour-hire employees
– Culturally and linguistically diverse workers
– Low-income earners or those in precarious employment
Vulnerable workers can face various risks and neglects in the workplace, such as wage theft and/or underpayments, psychological injuries, bullying, harassment, inadequate Work Health & Safety standards, discrimination (based on race, gender identity, age, or disability), and barriers to appropriate remedies.
What is Protecting Vulnerable People in the Workplace about?
The Government has been committed to the protection of the vulnerable workers. In 2017, the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 was passed to strengthen the protections for vulnerable workers. It changed the Fair Work Act 2009 to:
- strengthen the powers of the Fair Work Ombudsman to investigate and prosecute cases of workplace exploitation
- increase penalties for ‘serious contraventions’ of workplace laws such as the exploitation of migrant workers or discrimination
- Clarify that employers cannot ask for ‘cashback’ from employees or prospective employees
- increase penalties for breaches of record-keeping and pay slip obligations
- provide that employers who do not meet record-keeping or pay slip obligations and cannot give a reasonable excuse will need to disprove wage claims made in a court (this is also referred to as a ‘reverse onus of proof’)
- introduce new penalties for giving the Fair Work Ombudsman false or misleading information or hindering or obstructing their investigations.
Best Practice Strategies for Employers to Protect the Vulnerable Workers
To ensure the protection and wellbeing of vulnerable workers, employers must go beyond legal compliance and adopt best practice strategies that foster safe, inclusive, and supportive workplace cultures.
Accurate Record keeping
Employers must meet its pay slip and record-keeping obligations. Businesses that do not keep the right records, do not give proper pay slips, or who make false or misleading records and pay slips can face higher penalties.
Leadership and Governance
Leadership at workplaces (including Managers, HR department) should integrate risk management and human rights considerations into their decision-making. It is important to have clear, concise and fair policies and procedures at the workplace to ensure the safety of all workplace participants, including vulnerable employees.
Risk Assessment and Prevention
Regular WHS audits and risk assessments should be conducted using relevant WHS laws and regulations. Employers should identify high-risk roles, such as those involving night shifts, customer-facing tasks, or large numbers of migrant workers and apply targeted controls. Appropriate training and WHS policies should be devised.
Inclusive Workplace Design
Workplace policies and procedures should be designed to be inclusive. Vulnerable employees should be supported with access to tools and services such as interpreters and disability services.
Employers should establish safe spaces and independent complaint pathways to help ensure all workers feel heard and protected.
Training and Awareness
Leadership and Managers should be provided with regular training in mental health, cultural safety, and workplace rights. All staff should receive regular updates, including, during onboarding, as well as on an ongoing basis, to stay informed about WHS requirements and available protections and support systems.
Engagement and Support
Employers should appoint fair and equitable HR and workplace mentors and where possible provide confidential access to employee assistance programs or counselling. Employers should promote whistleblower channels, via posters or emails, and encourage safe reporting and accountability.
Lesson for Employers
Safeguarding vulnerable workers in Australia is not merely a matter of ticking legal boxes. It represents a core ethical duty and a strategic advantage for any organisation. A healthy workplace environment, which is inclusive, fair and non-discriminatory, not only ensures legal compliance, but also promotes employee loyalty, enhances reputation and improved productivity. Thus, it is vital that the employers take deliberate action to protect its vulnerable employees.
The BetterHR portal has compliant policies and procedures for businesses to utilise in the workplace. They can also be purchased through the BetterHR shop. For any further information or inquiries regarding this or another employment law or HR topic, do not hesitate to contact the BetterHR Advice team.
