We all have a responsibility to contribute to a safe, fair and respectful work environment, free from harassment, sexual harassment and sexual assault, bullying, racism (including racial harassment), and discrimination. This applies when you are at work, travelling, in accommodation villages, online or at work-related events.
What this means for you
You need to understand and demonstrate the standards of behaviour expected of you. The behaviours listed on page 13 are all a breach of Our Code, have no place at BHP and will not be tolerated.
Power imbalances in the workplace
We acknowledge that power imbalances can be present in the workplace and have the potential to be misused at times to pursue relationships. This is unacceptable and can undermine efforts to create a safe and respectful workplace for everyone. As people leaders and those responsible for providing mentoring or training are in a position of trust, we expect they will not pursue romantic or intimate relationships with those in trainee, apprentice, graduate or intern positions.
If you see, hear or experience behaviour that is not in line with Our Code or does not reflect Our Charter values, please speak up immediately or afterwards. Be supportive and provide compassion and encouragement to any colleagues (employees or contractors) who speak up. If you are a leader, you have an obligation to report business conduct concerns of which you become aware (only naming the impacted person with their consent) into EthicsPoint. Health and safety issues can alternatively be reported via established safety reporting procedures.
• Act professionally at all times and treat everyone with respect.
• Speak up if you see, hear or experience disrespectful behaviour directed towards you or anyone else.
• Challenge inappropriate, exclusionary or discriminatory behaviour, whether it’s intentional or not.
• Make any employment-related decisions, including recruitment, promotion, training, development and remuneration, based on merit according to skills, qualifications and capabilities.
• Engage in harassment, sexual harassment, bullying, racism (including racial harassment), or discrimination.
• Behave in a way that would be reasonably viewed as offensive, insulting, intimidating, malicious or humiliating, including making comments about someone’s personal characteristics.
• Distribute, display or share any material that could reasonably offend including: pornography; racist, homophobic, transphobic, sexist or culturally inappropriate photos, videos, cartoons and social media content; and any personal information that does not relate to you found online.
• Take part in or facilitate hospitality or entertainment of an inappropriate nature (for example, sexually oriented) or at inappropriate venues, including accepting or facilitating gifts which are inappropriate.
• Make unwelcome requests for a romantic or intimate relationship with a colleague.
• Pursue a romantic or intimate relationship with a trainee, apprentice, graduate or intern if you are a people leader or responsible for providing mentoring or training.
• Treat someone differently for taking or not taking part in industrial activities such as belonging or not belonging to an industrial and/or union association.
• Discriminate against any individual or group based on personal attributes unrelated to job performance.
Q: One of my colleagues has asked me out on a date on a couple of occasions. I’ve said I’m not interested and now his behaviour is making me feel uncomfortable. He’s saying sexually inappropriate things and making fun of me in front of other people in meetings. My colleagues laugh about it and when told another colleague, he said I was over-reacting and too sensitive. What should I do?
A: This is sexual harassment and will not be tolerated.
If you’re comfortable, speak directly to your colleague about his behaviour. Otherwise, talk to your line leader, 2Up leader, Employee Relations advisor, Human Resources business partner, Ethics Support Service or contact EthicsPoint. You can also talk to a friend or someone you trust for support.
Q: In a performance conversation, my leader brought up a deadline I had missed. I hadn’t mentioned it because I was embarrassed about it so when she raised it, I felt uncomfortable. She also raised a minor breach of safety rules that someone had already discussed with me. Isn’t this bullying behaviour?A: Performance conversations which are reasonable management action carried out in a reasonable manner will not be considered bullying. Leaders are empowered to lift the performance of their teams, including by setting performance standards and holding employees to those standards through coaching that is respectful and constructive. If safety rules (or provisions of Our Code) are breached, leaders are entitled to provide firm, clear and reasonable feedback. In the context of a performance conversation, it might cross the line and become bullying if a leader provides feedback by shouting, swearing and using belittling language.This is unacceptable.
Q; I am a maintenance contractor trainee and the trainer for my crew has been really supportive, but now the trainer is paying me more attention than others in the crew. The other night after a work function, they asked me to go back to their place. I feel very uncomfortable, scared of losing my job and not sure what to do because I’m only halfway through my training program.A: It’s not ok for a trainer to try and start a romantic or intimate relationship with any trainee, considering the power imbalance between you and the trainer. Talk to your 2Up leader immediately or contact your Employee Relations advisor, HR Business Partner, Ethics Support Service or EthicsPoint. You can also talk to a colleague or someone you trust for support within the business.
Q: A member of the team I lead is gay and shares the change rooms with other men. I told him I don’t feel comfortable about this and asked him to wait until everyone else has left before entering. He said this is bullying, but I want the rest of the team to feel safe. What should I do?
A: We pride ourselves on being an inclusive and diverse workplace where people feel safe and can be themselves. So, it’s not ok to exclude a member of your team from the change rooms because of their sexual orientation or to reinforce a culture of homophobia within the team. It’s disrespectful, discriminatory and a clear breach of Our Code. It’s incumbent on all of us – and especially in your role as a leader – to make sure the workplace is safe for everyone regardless of their gender, sexual orientation, cultural background or any of the many other facets that comprise our diverse organisation. While many of our employees and contractors face challenges you may not understand, as a leader you are expected to role model inclusivity, empathy and respect.
To increase your understanding and raise awareness of LGBT inclusion within the team, read our LGBT+ Inclusive Language Guide, enrol in one of our LGBT inclusion awareness courses or reach out to Jasper, our LGBT+ ally employee network for advice.
View more Hypothetical Scenarios
How to speak up
If you have questions about Our Code, speak to your line leader, 2Up leader, Ethics and Investigations, Compliance, Legal, Employee Relations advisor, HR Business Partner or contact EthicsPoint. Anyone who works with us, on our behalf, or is associated with us, can also access EthicsPoint.
Online: EthicsPoint online
Phone: EthicsPoint Telephone