Answer ... Stakeholders beyond shareholders are increasingly influencing legislative, regulatory and corporate responses to ESG issues.
First Nations peoples’: Australia’s First Nations communities have long sought to be recognised in corporate and government decision making, particularly concerning the use of traditional lands and impact on sacred sites by the mining, resources and agricultural sectors. In 2021, public outcry over the destruction of the Juukan Gorge caves – a site of cultural significance to Australia’s First Nations peoples – prompted legislators to amend Western Australia’s Indigenous cultural heritage protection laws. Advocacy by First Nations peoples has also called on corporate Australia and federal, state and territory legislatures to redesign and rethink investment decisions and approval processes to embed the protection of cultural heritage and traditional owners’ rights, and to provide for a Commonwealth right of veto under federal legislation. This advocacy has been supported by some institutional investors, and we expect Australian institutional investors to continue to scrutinise corporate respect for the rights of Australia’s First Nations.
Workers: Worker unions such as the Australian Council of Trade Unions have long been a strong force in Australia in supporting workers to achieve change and redress on issues such as wage theft, sexual harassment and protecting workers’ rights in the transition to a low carbon economy.
Human rights oversight bodies: The Australian Human Rights Commission and the sex discrimination commissioner, who published a report into sexual harassment in the workplace in 2020, have had a significant impact on expectations of organisations’ responses to sexual harassment. This has been amplified by advocacy from the 2021 Australian of the Year, Grace Tame, to improve, prevent and respond to sexual abuse, and included scrutiny of the federal Parliament’s culture of bullying and harassment.
Consumers: Consumers shape ESG developments through information campaigns, boycotts and general purchasing preference. Australian consumers have boycotted supermarket own-brand milk to encourage supermarkets to pay dairy farmers a fairer price. ‘Free-range’ eggs from large suppliers have also been subject to consumer campaigns alleging misleading labelling, which have successfully shifted corporate behaviour and improved labelling. One of Australia’s largest telecommunications companies voiced its support for legalising same-sex marriage when the company’s neutral stance on this topic became the target of consumer activism.
More broadly, growing consumer preference for ‘ethical’ or ‘green’ products has led to a rise in such products, and with it greater scrutiny of corporate greenwashing in relation to promotional activities to consumers by the Australian Competition and Consumer Commission.
Academics and the not-for-profit sector: Academics and advocacy-based not-for-profits also wield significant influence over corporate conduct. Increased scrutiny and benchmarking of performance against public disclosures – such as modern slavery statements– as well as the use of litigation by not-for-profits are driving behavioural change and increased awareness of damaging reputational risk in the market.