No place for workplace sexual harassment
Sexual harassment in Australian workplaces affects people across all industries, at all levels, and in all locations. Every person has the right to a workplace that is safe and free from sexual harassment.
Sexual harassment includes an unwelcome sexual advance or request for sexual favours, or other unwelcome sexual conduct, towards a person.
The Fair Work Ombudsman is reminding workers and employers that sexual harassment in workplaces is unlawful and can lead to serious consequences for individuals.
The Fair Work Act prohibits sexual harassment in connection with work, and provides that a person (such as an employer) is responsible for sexual harassment by its employees or agents, if the sexual harassment was done in connection with their employment or their duties as an agent.
This prohibition applies unless the employer can prove that they took all reasonable steps to prevent the sexual harassment. The Fair Work Act prohibition is separate and applies in addition to the positive duty that employers have under the Sex Discrimination Act to eliminate, as far as possible, sexual harassment in connection with work.
“There is zero place for sexual harassment, including in the workplace,” Fair Work Ombudsman Anna Booth said.
“We are concerned about women facing sexual harassment in the building and construction sector, and have commenced an investigation into allegations in media reports including in Sunday’s 60 Minutes program, that are within our civil jurisdiction.
“These allegations of sexual harassment are very serious and are being investigated by my agency as a matter of priority.
“We encourage those who wish to speak out to come to us.”
What to do if you are impacted
Those impacted can make a request for assistance to the Fair Work Ombudsman. Workers can call the Fair Work Infoline on 13 13 94 for free advice and assistance, and an interpreter service is available on 13 14 50.
You may also choose to make an anonymous report.
Workers and employers are encouraged to access information on the Fair Work Ombudsman’s website, which includes examples of harassment, case studies, and specific information for those who seek to make a complaint. It also includes information on support services, including 1800RESPECT, the national domestic, family and sexual violence counselling, information and support service.
Someone who believes they have been sexually harassed in connection with work can also apply to the Fair Work Commission (the workplace tribunal, a different organisation from us), to make a stop sexual harassment order or to deal with a harassment dispute.
Those impacted can also make a complaint to the Australian Human Rights Commission.
This month, the Australian Government approved the Code of Practice on Sexual and Gender-based Harassment, which provides practical guidance to employers about how to protect against workplace sexual harassment.
The FWO is unable to comment further on its active investigation into sexual harassment allegations aired in recent media reports including on 60 Minutes.
Any matters of alleged sexual violence fall outside the FWO’s jurisdiction.
