The MFA Psychosocial Safety Code of Conduct is a solid first step, but there is still more to be done.

I wanted to reflect on today’s launch of the new psychosocial safety code of conduct and what it means for TrinityP3’s policy of asking agencies/providers for statutory declarations on pitches.?

Firstly, let me acknowledge the role of the Media Federation of Australia , and both Sophie Madden and new chair Mark Coad , in partnership with the AANA - Australian Association of National Advertisers , Advertising Council Australia (ACA), IAB Interactive Advertising Bureau Australia, Commercial Radio & Audio (CRA), Outdoor Media Association (OMA), and @ThinkTV, in launching this critical toolkit. It is a comprehensive resource that will drive positive conversations in the industry, and I expect it to grow and expand with time.

It was April 2023 when the Federal Law changed that required a person conducting a business or undertaking must manage the risk of psychosocial hazards in the workplace. This is important because the burden has moved firmly on to the employer in a way I’m not sure all business owners or leaders in Adland fully understand.?

The Code of Conduct has taken 18 months to pull together and offers a new and better framework designed to create safer, healthier work environments across the advertising supply chain.

TrinityP3 will incorporate it into our existing framework and toolkit when working with all parts of the ecosystem. However, this first cut feels more focused on providing management guidelines rather than employee advice, particularly in whistleblowing protections and fostering a culture where employees feel safe and confident in coming forward.

One agency head has already asked me whether the new Code will eliminate our policy of requiring agencies to sign a statutory declaration when in consideration for pitches.

?It was 2022 when TrinityP3 first launched this policy, and we did it in part because we kept hearing the horror stories. There felt like an absence of leadership from others in the adland. Now, I’m not blaming any agency or industry body for that, I'm noting this is a problem that has long felt like it was placed in the “too hard basket”. Too big for any one business or body to solve. It’s great to see it moving out of that basket.?

The problems around harassment and a safe work environment are well documented. It is not just a historical issue, it is an ongoing problem in our sector – don’t believe me? Just look at the cultural issues that Nine, Seven and the ABC have made headlines for in just the past 12 months.?

Our decision to require Statutory Declarations was controversial at the time, particularly among some Holding Groups (who frequently participate in our pitches). I was grateful at the time to the likes of The Australian Financial Review, AdNews, Mumbrella, and B&T, who all covered the change and gave us room to address agency concerns about our policy.?

Some leaders were uncomfortable with the policy. They were happy to tell us and potential clients about all the work they had done, the policies in place and the great internal culture scores they have, but some (and only a small minority) were deeply reluctant to be personally liable for their claims via a stat dec (often blaming legal or higher-ups for their inability to sign).?

The independent agency sector – both creative and media – immediately recognised the importance of this issue. The policy and all the national and trade coverage around the Stat Decs triggered lots of questions and enquiries on compliance and what businesses needed to do ahead of the looming 2023 change of laws.?

In the two and a half years since we implemented the policy, more than 300 agencies – including media, creative, PR firms, social and influencer agencies, and tech providers – have signed the Stat Dec. Over time, resistance from multinational players has diminished, and today, representatives from all major holding company groups have signed.

But more than anything, the thing I’m proudest of is that it has kept workplace issues and obligations around the welfare of our people and the need for psychosocial safety top of mind at every pitch and tender.?

Ours is an industry that lives for new business, and I don’t see that ongoing focus or reminder as a bad thing (so no, we won’t be changing our policy on Stat Decs.)??

That decision shouldn’t be seen as a reflection on the new Code of Conduct launched today.?

The Code is a good thing: but we can also continue the conversation of how it can be improved.?

Indeed, the MFA has flagged that this is just the initial step of aligning the industry with the code and that there is a need for further development of tools and guidance for agencies, media owners, and marketers.

At today’s launch event, I asked about the provision of whistleblowing protection, and it's fair to say there was a clear response that this is dealt with already in the section on dispute resolution.?

But this is an essential issue because while it may be uncomfortable, we all must accept that creating a culture where people feel they can come forward is a crucial first step and safety valve in identifying and fixing the problem.?

It is still a problem, with the last Create Space 2023 Census report, likely the most comprehensive Census in Adland on this issue, reporting a decline in harassment from 6% to 5%. That’s still one in 20 people reporting having experienced sexual harassment in the workplace in just the past 12 months.?

Today’s launch of the Code is an essential and worthwhile step. But we shouldn’t underestimate the scale of the problem. Understanding employer obligations is one thing – empowering employees to report without fear is another. Only then can we expose and address these issues effectively and end a culture of silence that has permeated our industry for far too long.?