Civil Engineering December 2022 | Vol 30 No 11

Civil Engineering December 2022 23 Q Q Are determined by the commissioner conciliating the dispute. If picketing rules cannot be agreed, and must be established, the Commissioner must take account of any relevant code of practice. Consequently, the Code cannot be avoided. Employers should, when seeking to agree on picketing rules, or at the time they are established, seek to impose obligations on the trade union (and/or picketers), such as: Q Q Not committing any conduct that would amount to harassment under the Code. Q Q Acknowledging that any harassment is unacceptable. Q Q Supplying convenors or marshals trained in accordance with the Code and any policy of the employer imple- mented in compliance with the Code. Q Q Disseminating the picketing rules or any policy of the employer in compli- ance of the Code and assist any pick- eter to understand their obligations under that policy. Q Q Requiring convenors or marshals to immediately report any consultation process or subsequent steps taken to address a complaint and eliminate harassment in compliance with the Code and the EEA. Q Q Accepting that any conduct contra- vening these obligations constitutes a material breach of the picketing rules, justifying a complete suspension of the picket. The inclusion of such obligations will never stop harassment from taking place in the context of a strike. Including such obligations will, however, demonstrate an employer’s commitment to compliance with the Code and hold trade unions (at least in writing) to their commitments towards eliminating harassment. Apart from potentially helping to obtain an order suspending the picket, such rules may also act as a greater deterrent to trade union-led or supported harassment and, hopefully, a greater culture of accountability by union officials leading or facilitating pickets. Of course, while accepting that strike-related violence may amount to harassment under the Code, employers also need to accept that (together with managing the aftermath of work stop- pages) there will also be a requirement to comply fully with the obligations under the Code in respect of any complaint of harassment. A failure to take adequate steps if a complaint of harassment is brought to its attention may still result in an employer being held vicariously liable for such harassment under the EEA.  AutoCAD ® World-Leading CAD Software WaterMate Water Reticulation Design SurfMate Survey & Digital Terrain Modelling AeroTURN Aircraft Movement & Space Analysis RebarMate Reinforced Concrete Detailing & Scheduling Autodesk Civil 3D ® Site Development & Transportation AutoTURN Vehicle Manoeuvre Simulation & Analysis DatumMate Datum Conversion of Drawings RoadMate Urban & Rural Road Design ParkCAD Automated Parking Area Layouts Architecture Engineering & Construction Collection PipeMate Sewer & Stormwater Design and Analysis