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1. Purpose

Workfast maintains zero tolerance towards theft, fraud, corruption,bullying, harassment, discrimination and non-compliance. The Speak Up Policyand its associated reporting facilities ensure that current or former workers, contractors, suppliers and their employees, associates of Workfast, spouses, dependents, and relatives can raise actual or suspected concerns ofnon-compliant conduct or fraudulent behaviour without fear of intimidation,disadvantage or detriment. This policy establishes clear procedures for raisingconcerns, ensuring protection from reprisal while maintaining confidentiality.

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2. Scope

This policy applies to:

• All businesses and activities of Workfast across Australia
• All Workers (as defined in Appendix 2)
• Suppliers of goods or services to the Company (includingindependent contractors and their employees)
  

• You have reasonable grounds to suspect non-compliant conduct or fraudulent behaviour
• Current or former workers, contractors, suppliers and their employees, associates of Workfast, spouses, dependents, and relatives may make reports under this Policy

2. Protected Disclosures:

• Eligible Whistleblowers wishing to make Protected Disclosures must report to an Eligible Recipient and meet requirements in Schedule 1

3. Standard Reporting:

• Non-protected disclosures can be raised through Workfast senior management or the company nominated Investigation Officer
• Employee issues (harassment, bullying, people-related matters) should first be raised with HR Business Partner, supervisor, direct line manager, general manager, and/or executive
• Reference the Workfast Code of Conduct and Harassment, Bullying and Violence in the Workplace Policy

4. Confidentiality Requirement:

• Persons making reports must keep confidential the fact that a report has been made (subject to legal requirements)
  

2. Confidential Speak Up Form

Workfast maintains a confidential and anonymous service (Speak Up Form) for:

• Information relevant to this policy
• Those who feel standard internal reporting channels have been compromised
• Those uncomfortable with standard internal reporting channels

Anonymity and Protection

3. Anonymous Reporting:

• Available through all reporting channels
• May limit Workfast's ability to investigate

2. Protection Framework:

• Appropriate protection from detriment for disclosure makers
• All reasonable steps taken to protect persons making reasonable grounds disclosures
• Legislative protections as outlined in Schedule 1

3. Confidentiality Requirements:

• Report recipients must take reasonable steps to protect anonymous reporters' identity
• Identity disclosure only permitted with consent or legal requirement
• Breach of anonymity or detrimental conduct prohibited

4. Security Measures:

• Investigation files retained under strict security
• Unauthorised information release prohibited except as required by law
• Information may be disclosed to regulatory authorities, law enforcement, or professional advisors

5. Support Services:

• Protection Officers: Independent of investigation process
• Employee Assistance Program (EAP): Counselling and support services

4. Investigation of Disclosures
   
   1. Investigation Process:

• Anonymous report prepared for each disclosure (unless express authority given)
• Investigation Officer conducts preliminary investigation promptly
• Investigations follow Workfast Investigations Procedure (see Appendix 1)
• Ethics Supervisory Committee reviews and approves investigation process and outcomes
• May refer to third-party investigators

2. Reporting Timeline:

• Progress and outcomes communicated within 60 days (or reasonable timeframe)
• Concerns about investigation progress escalated to Investigation Officer or Protection Officer

5. Reasonable Grounds and Protections
   
   1. Statutory Protections:

• Available if Eligible Whistleblower makes Eligible Disclosure to Eligible Recipient (see Schedule 1)

2. General Protections:

• Immunity from internal disciplinary proceedings for good faith reports
• Protection from detrimental conduct or retaliation
• Confidentiality of reporter identity maintained

6. Policy Availability

This policy and associates schedule are available:

• Internally in public library
• Workfast Website
• Accessible to all Workfast Management, employees and workers
  
  

4. Breach of Policy

Employee Consequences

Contractor/Service Provider Consequences

Legal Action

Disciplinary action including possible termination

Action in accordance with applicable contract provisions

Non-compliance constituting law breach may result in legal action by Workfast or third parties

Breaching whistleblower protections may constitute criminal offence with substantial penalties and possible imprisonment

Possible contract termination

5. Related Documents

• Code of Conduct
• Compliance Policy
• Workfast Investigations Procedure
• Personal Grievance Policy

Schedule 1 – Statutory Whistleblower Protections

Background

In July 2019, Australian laws introduced additional protections for limited categories of people (Eligible Whistleblowers) who make disclosures of certain information (Reportable Conduct) to certain people (Eligible Recipients). All three criteria must be met for statutory protections to apply. This Schedule explains additional statutory protections and circumstances in which they apply. This Schedule forms part of the Workfast Speak Up Policy and does not override any rights or obligations at law.

Who is an Eligible Whistleblower?

An Eligible Whistleblower is a person who is or has been:

• A director, officer, secretary or employee of Workfast (including related bodies corporate)
• A supplier (or their employee) of goods or services to Workfast (including related bodies corporate)
• A relative of the above individuals
• A dependant of the above individuals (or dependant of their spouse)

What is Reportable Conduct?

Reportable Conduct includes:

• Misconduct or improper state of affairs or circumstances relating to Workfast; or
• Conduct constituting an offence against, or contravention of:
  
  • Corporations Act 2001 (Cth)
  • Australian Securities and Investments Commission Act 2001 (Cth)
  • Insurance Act 1973 (Cth)
  • National Consumer Credit Protection Act 2009 (Cth)
  • Superannuation Industry (Supervision) Act 1993 (Cth)
  • Taxation Administration Act 1953 (Cth)
  • Banking Act 1959 (Cth)
  • Financial Sector (Collection of Data) Act 2001 (Cth)
  • Life Insurance Act 1995 (Cth)
• Conduct constituting an offence against Commonwealth law punishable by imprisonment for more than 12 months
• A danger to the public or financial system

What is NOT Reportable Conduct?

The definition of Reportable Conduct is exhaustive. Personal work-related grievances do not attract additional protections but should be raised with your manager or HR business partner.

Who is an Eligible Recipient?

Eligible Recipients include:

• An officer or senior manager of Workfast
• An auditor (or audit team member) of Workfast
• A registered tax agent or BAS agent of Workfast (for tax-related disclosures)
• An actuary of Workfast
• A relevant Commonwealth authority (ASIC, APRA, AFP, ATO)
• The Speak Up Form (details in Appendix 4)

Note: "Senior manager" refers to Workfast Senior Management Team (SMT) and above, not job titles.

What are the Additional Statutory Protections?

Identity Protection: it is an offence to disclose an Eligible Whistleblower’s identity or information likely to lead to identification.

Limited Exceptions (section 1317AAE, Corporations Act 2001): disclosure is permitted if made with the Eligible Whistleblower’s consent, if necessary for investigation (with reasonable steps to reduce identification risk), if made to ASIC, APRA, the ATO or the Australian Federal Police, or if made to a legal practitioner for legal advice regarding whistleblowing legislation.

Do I have to disclose the Reportable Conduct in writing to get the Additional Protections?

No, disclosures can be made in person, by phone, online or in writing while maintaining statutory protections. 

Can I remain anonymous and still get the additional statutory protections?

Yes, eligible Whistleblowers can remain anonymous and still receive statutory protections. However, anonymous reports may limit investigation capabilities.

What if my issue is not Reportable Conduct or I have a personal work-related grievance?

You can still disclose the issue, you will just not get the Additional Statutory Protections but you will be given the protections described elsewhere in the Speak Up Policy.

Please remember that the best place to raise a HR or personal work-related grievance issue is with your manager or applicable HR business partner.

How will Workfast support an Eligible Whistleblower who discloses Reportable Conduct to an Eligible Recipient and protect them from detriment?

Protection from Retaliation:

• No retaliation for disclosures (dismissal, harassment, discrimination, harm)
• No civil, criminal or administrative liability for making disclosures
• Contract protection (no termination based on disclosure constituting breach)

Support Services:

• Employee Assistance Program (EAP): Confidential counselling for emotional problems, alcohol/drug use, family/relationship issues, trauma recovery, interpersonal conflicts, gambling, grief/loss, abuse, work-related issues

What is the Workfast Investigation Process?

Investigations conducted according to Workfast Investigations Procedure ensuring:

• Fair treatment of employees mentioned in disclosures
• Limited disclosure to those with genuine need to know
• Fair and impartial investigation process
• Opportunity for implicated employees to respond to allegations

Can Non-Reportable Conduct still be eligible for protections?

Issues not constituting Reportable Conduct still receive protections described in the main Speak Up Policy. HR or personal work-related grievances should be raised with managers or HR business partners.

Can I make a Public Interest Disclosure or Emergency Disclosure?

In limited circumstances, an Eligible Whistleblower who has already made a disclosure to a regulator such as ASIC, APRA or the ATO may make a further disclosure to a journalist or a Member of Parliament and still retain statutory protection. This applies as a Public Interest Disclosure where at least 90 days have passed since the original regulator disclosure, the whistleblower does not have reasonable grounds to believe action is being taken, the whistleblower has reasonable grounds to believe that making a further disclosure is in the public interest, and written notice of the intention to make the further disclosure is given to the regulator beforehand. It applies as an Emergency Disclosure where the whistleblower has reasonable grounds to believe the information concerns a substantial and imminent danger to health or safety, or to the natural environment, and written notice is given to the regulator beforehand. In both cases, only the information reasonably necessary to inform the recipient of the misconduct or danger may be disclosed. These pathways are a last resort and should only be used after seeking independent legal advice, given their narrow statutory requirements.

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