Making a complaint about workplace sexual harassment

Find out the different ways someone can make a complaint about workplace sexual harassment.

On this page:

In the workplace

If you think sexual harassment has happened (or is happening) at your workplace, you can talk to:

  • a supervisor or manager
  • a health and safety representative
  • the human resources (HR) department
  • a counsellor
  • a union
  • a lawyer.

Tip: Resources for difficult conversations

Raising an issue like sexual harassment in the workplace can be challenging.

As a start, you can take our free Difficult conversation in the workplace – employee course to help you prepare. It has practical advice and takes 20 to 30 minutes to complete.

We also have a downloadable guide with tips and tools to handle difficult conversations at work: An employee’s guide to difficult conversations in the workplace.

There are also other resources available on talking about sexual harassment in the workplace.

Unions are organisations that represent employees and can look into suspected breaches of workplace laws. There are unions for many industries, including:

  • building and construction
  • education
  • health
  • hospitality
  • manufacturing
  • professional services
  • retail
  • transport.

We have more information on the work of unions at Role of unions.

Example: Reporting harassment to a union

Kenya has started a new job as a bartender. She is a member of her industry union.

Some nights, Kenya is rostered to work alone with another bartender, Isaac.

Over the last few weeks, Isaac’s behaviour has made Kenya feel uneasy. Isaac has been deliberately brushing up against her and standing in her personal space. There have also been instances where in conversation, Isaac has touched Kenya inappropriately.

Kenya feels anxious about working with Isaac, especially when they are rostered to work alone together.

Kenya doesn’t remember her manager, Matt, mentioning any sexual harassment policies when she was first hired. She is also concerned about reporting this behaviour because Isaac and Matt are close friends.

Kenya reads the information on our Sexual harassment page but feels like she can’t raise this issue in the workplace with Isaac or Matt. She also visits the Respect@Work website and completes 2 of the mini-courses about understanding sexual harassment.

Kenya decides to contact her union about this issue and seek their advice and assistance.

Some possible next steps include:

  • asking the union to step in and discuss the issue with Matt or the employer directly
  • lodging a sexual harassment dispute to the Fair Work Commission
  • complaining to a state or territory workplace health and safety body.

With the Fair Work Commission

The Fair Work Commission (the Commission) is the national workplace relations tribunal and registered organisation regulator.

The Commission can deal with disputes about sexual harassment in connection with work under the Fair Work Act.

If someone believes they have been sexually harassed in connection with work, they (or an industrial association such as a union) can apply to the Commission to:

  • make a stop sexual harassment order to prevent future sexual harassment
  • deal with a sexual harassment dispute to remedy past harm, or
  • do both of these things.

A group of people can also apply to the Commission.

The Commission can make a stop sexual harassment order if they’re satisfied that:

  • a person has been sexually harassed
  • there is a risk they will continue to be sexually harassed in connection with their work.

The Commission may also be able to take other steps to deal with a sexual harassment dispute. This includes through:

If the dispute can’t be resolved these ways, the Commission may also be able to deal with the dispute by arbitration if the parties agree.

If the Commission deals with the dispute by arbitration, they can make an order:

  • for compensation
  • for lost wages
  • requiring a person to do something that’s reasonable to remedy any loss or damage suffered.

Example: Lodging a dispute with the Commission

Andrew has started work part-time as a hairdresser at a new salon. The salon is part of a franchise.

The salon manager, Clay, begins rostering Andrew to work later in the day when other staff have begun to go home. Clay starts to make references to Andrew’s sexuality and sex life. These comments make Andrew feel uncomfortable.

Clay regularly asks Andrew to complete restocking and cleaning in the back area during evening shifts. He also starts deliberately brushing past Andrew and pushes his body against Andrew’s. One time, Clay glides his hand along Andrew’s lower body.

That night, Andrew finds our Sexual harassment information. Andrew reads that Clay’s behaviour could be sexual harassment and that he has workplace rights. Andrew isn’t comfortable talking with colleagues about this issue, so decides to report the behaviour to the head office HR department.

HR investigate Andrew’s complaints, including by reviewing CCTV footage and speaking with Clay and Andrew separately about the incident. During this time, HR recommends that Andrew only be rostered at times when other staff are working.

HR complete their investigation and find no evidence of wrongdoing.

A few weeks pass and Clay and Andrew begin working together again after the previous roster changes stop. Clay starts making references to Andrew’s sex life again and says that Andrew shouldn’t have been flirtatious in the workplace to begin with.

Andrew knows that he can lodge a dispute with the Fair Work Commission to deal with sexual harassment. Because the issue wasn’t resolved at the workplace level, Andrew applies to the Commission to stop the harassment. He contacts the Commission as a first step to check the process.

Andrew also accesses the Respect@Work website to see what resources and support services are available to him.

The Commission has information and guidance about making applications to stop sexual harassment at work. This includes information about:

  • who can apply
  • how to apply
  • the Commission’s process for dealing with applications to stop sexual harassment at work.

Find out more by visiting Fair Work Commission – Sexual harassment. Free online training is also available on sexual harassment and the Commission’s role: Workplace sexual harassment.

Workers who want to apply to stop sexual harassment might be eligible for free legal advice through the Commission’s Workplace Advice Service.

Example: Seeking assistance from the Commission

Jackie runs and owns a small independent real estate agency. She recently hires a new full-time agent, Kaden.

Jackie and Kaden begin to get along well and often chat for extended periods while working in the office together. As the agency has a mix of people working in the office and working from home, sometimes Jackie and Kaden are the only people working in the office.

After a few weeks, Kaden starts making inappropriate comments about Jackie’s physical appearance. He also makes references to her dating life. Jackie feels embarrassed and reminds Kaden that she is his boss.

Kaden begins to make sexually suggestive comments while they work, including direct comments about Jackie’s body. Jackie tries to discuss with Kaden how his behaviour is offending her, but he laughs it off and said she is taking his jokes too seriously. He also jokes that in the real estate industry physical appearance is very important.

Jackie looks up laws on workplace sexual harassment and finds information on our Sexual harassment page. She reads that sexually suggestive comments can be sexual harassment.

As Jackie can’t resolve this issue at the workplace level, she thinks that she’s eligible to make an application to the Commission. But she isn’t sure that a dispute application is the best first step and wants to seek some legal advice.

Jackie decides to contact the Commission to see if she can access free legal advice through the Commission’s Workplace Advice Service.

Another government body

A person can also make a formal workplace sexual harassment complaint to:

With the Australian Human Rights Commission

The Australian Human Rights Commission (AHRC) accepts complaints about discrimination and breaches of human rights. This includes:

  • sexual harassment
  • sex-based harassment
  • other matters arising from the Sex Discrimination Act
  • other national anti-discrimination laws.

Positive duty under the Sex Discrimination Act

The Sex Discrimination Act imposes a duty on a person conducting a business or undertaking (such as an employer) to take reasonable measures to eliminate unlawful sex discrimination including sexual harassment.

It also prohibits conduct that subjects another person to a workplace environment that is hostile on the ground of sex.

Regardless of their size or resources, all organisations and businesses that have obligations under the Sex Discrimination Act must meet the positive duty. This includes:

  • sole traders and the self-employed
  • small, medium and large businesses
  • government.

The AHRC has free resources and training to help businesses and organisations understand responsibilities under these laws.

Sexual harassment complaints can also be made to your relevant state or territory anti-discrimination body.

With your workplace health and safety regulator

A person conducting a business or undertaking (such as an employer) has a duty to manage the health and safety risks of workplace sexual harassment.

Each state and territory has a workplace health and safety body that can provide advice and assistance about workplace sexual harassment. For contact information, go to list of work health and safety regulators.

More information and resources are available from Safe Work Australia – Workplace sexual harassment. This includes:

  • what sexual harassment can look like
  • how to prevent and respond to reports of sexual harassment in the workplace under work health and safety laws.

With us (the Fair Work Ombudsman)

We (the Fair Work Ombudsman) are the national workplace regulator.

We can help with some issues around workplace sexual harassment usually when an employee has already sought help. For example, via the Commission or another government body. This includes:

  • investigating a workplace for non-compliance with laws prohibiting workplace sexual harassment
  • taking action when someone doesn’t comply with a Commission stop sexual harassment order (see above).

We also have the power to start court proceedings for alleged breaches of laws prohibiting sexual harassment.

If you believe you have been sexually harassed in connection with work, you should make an application to the Commission in the first instance. See the information above for how to do this.

See Fixing a workplace problem for information and resources to help resolve workplace problems. You can read our Compliance and Enforcement Policy for information about how we perform our compliance and enforcement role.

Support services

If you feel unsafe now, phone 000.

If there is no immediate danger but you need police assistance, phone 131 444.

You can contact the police about any assault that may involve criminal conduct.

Contacting the police

Some forms of sexual harassment are criminal conduct.

If you have experienced sexual assault and feel you would like to make a complaint or report to the police, click here for the relevant state and territory police contacts.

Sexual assault support services

1800RESPECT is the national domestic, family and sexual violence counselling, information and support service. If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au.

Mental health support services

Lifeline

24-hour crisis support and suicide prevention

Ph: 13 11 14

Website: https://www.lifeline.org.au/

Beyondblue

Mental health support

Ph: 1300 224 636

Website: https://www.beyondblue.org.au/

Source reference: Fair Work Act s527A-52T and Sex Discrimination Act s47B and 47C

Tools and resources

Related information