Western Australia’s WorkSafe has dropped its charges against Fortescue for failing to provide documentation for a number of sexual harassment incidents, with both parties entering into an Enforcable Undertaking agreement.
An Enforceable Undertaking is an alternative to prosecution, but it is not an admission or finding of guilt.
Acting WorkSafe Commissioner, Sally North, has accepted an undertaking by Fortescue to deliver wide-ranging strategies to address inappropriate workplace behaviours in the mining industry.
The undertaking includes measures aimed at the education and performance of contract workers as well as enhancing positive culture at the executive level of mining companies.
Ms North said that the prosecution alleged that Fortescue had failed to comply with an inspector’s request for documents using the powers conferred by the Work Health and Safety Act 2020.
“Fortescue has committed to spend more than $1.4 million in the first Enforceable Undertaking entered into under the state’s Work Health and Safety legislation,” Ms North said.
“This is a substantial investment in improving industry capability and I firmly believe that this agreement is in the best interests of workers across the mining sector.
“Fortescue’s investment is well above the fine that could be expected if it was convicted of the underlying charges.”
The money Fortescue must spend is to be applied to a number of projects and programs aligned with certain recommendations of the Enough is Enough report, published following the Parliamentary Inquiry into Sexual Harassment in the Mining Industry.
The benefits of these initiatives will not be confined to Fortescue – they must be made available throughout the mining industry and are expected to have widespread positive outcomes for Western Australian workers.
“WorkSafe will monitor the progress of the undertaking by meeting with Fortescue on a quarterly basis, and further action will be taken if the undertaking is not delivered.”
