Leveraging the Positive Duty to Transform Women's Participation in Construction

Read time: 10 minutes

In the face of a persistent talent shortage that threatens the sustainability and growth of the Australian construction industry, a strategic focus on gender equality and broader diversity is not just beneficial but essential. The sector's untapped potential lies in harnessing the talents of women, who, despite making up 50.6% of the NSW population, are significantly underrepresented in the industry, holding only 13% of the overall workforce positions. This discrepancy is not just a matter of equity but also a critical business issue, given the industry's dire need for skilled labour. The  new positive duty on companies to eliminate sexual harassment and sex discrimination serves as a powerful tool in this endeavour, emphasising the proactive responsibilities of employers in promoting and ensuring workplace diversity, equity and inclusion.

Understanding the positive duty

The positive duty requires organisations to take proactive steps in seven key areas  to eliminate sexual harassment, sex discrimination and victimisation in the workplace, going beyond mere compliance to foster a safe, respectful and inclusive culture. This legal obligation is pivotal for the construction industry, challenging leaders to actively identify, address, and prevent barriers to women's participation and advancement.

AHRC positive duty framework: The Seven Standards

the positive duty 7 standards wheel

The imperative for action

The January 2024 NSW report on women in construction highlights a troubling reality: 53% of women in the sector experience sexual harassment at work. This alarming statistic not only underscores the urgency of creating a safer work environment but also exemplifies the kinds of systemic issues the positive duty aims to address. By leveraging these requirements, industry leaders can lead transformative change, making construction a more attractive and equitable field for women.

The impacts are beyond reputation, with the Respect@Work report (2020) estimating $171.8 million in estimated lost productivity costs in the building and construction industry (in 2018 alone) due to workplace sexual harassment. 

Strategies for harnessing the positive duty in construction

Enforcing robust policies and procedures

Organisations must establish and enforce robust respectful workplace behaviour policies that align with the positive duty requirements.  They also must ensure that there are clear reporting channels, accountability, and provide regular training to all employees. By doing so, leaders can cultivate a zero-harm culture towards any form of harassment or discrimination.

Promoting education and changing perceptions

To attract more women to the industry, it's essential to challenge existing stereotypes and promote the diverse opportunities within construction through training. Educational initiatives, like the positive duty Respect@Work workshops, should highlight the sector's commitment to equality and safety and

Facilitating professional development and leadership

Investing in the professional growth of women in construction is a key initiative to advancing gender equality by retaining and advancing their careers. Providing access to training, mentorship, and leadership programs can help women achieve their full potential. This proactive approach to career development will ensure that women have equal opportunities to succeed and lead.

Conclusion

By embracing the positive duty compliance framework, the construction industry can make significant strides towards gender equality and diversity. This legal framework provides a clear mandate for action, urging industry leaders to proactively address the challenges facing women in the workforce. The benefits of such efforts extend beyond compliance, offering a pathway to enhanced innovation, productivity, and a more resilient industry. As we look to the future, the construction sector's ability to thrive hinges on its commitment to harnessing the full potential of its workforce, making the inclusion of women not just a goal but a foundational principle of the industry's success.

The Construction Industry, a snapshopt from Elevate Consulting Partners

To speak with the team who are working with the construction industry around the positive duty, please email sarah@elevateconsultingpartners.com.au or tell us more in the form below.

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Why the positive duty is a blueprint for success in construction

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Embracing Intersectionality in Gender Pay Gap Reporting