Sexual Harassment at Work: Fair Work Commission Rights, Human Rights Protections and What Workers Need to Know
- Brian AJ Newman LLB
- 2 days ago
- 3 min read
Sexual harassment in the workplace is not only a breach of dignity — it is a serious human rights and workplace relations issue under Australian law. Since 6 March 2023, the Fair Work Commission (FWC) has expanded powers to deal with sexual harassment disputes under the Fair Work Act 2009 (Cth), reflecting a stronger national focus on workplace safety, equality, and accountability.
At MYUNION, we regularly assist workers who have experienced sexual harassment alongside unfair dismissal, adverse action, or other forms of discrimination, often after they raise concerns or make a complaint.
What Is Sexual Harassment Under the Fair Work Act?
The Fair Work Act prohibits sexual harassment in connection with work. Sexual harassment occurs where a person engages in:
an unwelcome sexual advance
an unwelcome request for sexual favours, or
other unwelcome conduct of a sexual nature and a reasonable person would anticipate that the conduct could offend, humiliate, or intimidate the worker.
Critically, sexual harassment:
does not need to be repeated
can occur through a single incident
can involve colleagues, managers, clients, customers, or third parties
This definition is consistent with Australia’s broader human rights and anti-discrimination framework, and is explained in detail in the Fair Work Commission’s Sexual Harassment.
Sexual Harassment and “In Connection With Work”
Many workers mistakenly believe sexual harassment only counts if it occurs during work hours or on work premises. That is not the case.
The Fair Work Commission applies a broad interpretation of “in connection with work”. Sexual harassment may occur:
at work social events
during training or conferences
while travelling for work
online, including emails, messaging apps, or social media
during interactions with clients, residents, patients, or customers
This broad approach ensures workers are protected in modern workplaces where boundaries between work and non-work environments are often blurred.
Case Example: Employer Responsibility for Sexual Harassment
A key case discussed in the Benchbook is Von Schoeler v Allen Taylor and Company Ltd t/as Boral Timber (No 2) [2020] FCAFC 13.
In this matter, a worker was sexually harassed by a colleague who engaged in inappropriate physical contact. The employer argued it should not be held responsible because it had policies and training in place. However, the Court found that the employer failed to take all reasonable steps to prevent the harassment.
The decision reinforces that:
policies alone are not enough
training must be meaningful, current, and reinforced
employers must actively promote a culture of respect
failure to respond properly to complaints can expose employers to liability
The Fair Work Commission and courts will closely examine whether an employer’s response is genuine, preventative, and effective, not merely procedural.
Sexual Harassment, Discrimination and Unfair Dismissal Often Overlap
In practice, sexual harassment rarely occurs in isolation. Many workers who experience harassment also face:
victimisation after making a complaint
performance management following disclosure
termination or forced resignation
non-renewal of contracts
In these circumstances, sexual harassment may intersect with:
unfair dismissal claims
general protections claims
human rights and discrimination complaints
The Fair Work Act recognises that making a sexual harassment complaint is a workplace right, and adverse action taken because of that complaint may give rise to additional claims.
What Can the Fair Work Commission Do?
Depending on the circumstances, the Fair Work Commission may:
make orders to stop sexual harassment
conduct conciliation or mediation
issue recommendations or opinions
allow matters to progress to court proceedings
The Commission uses a trauma-informed approach, recognising the psychological harm sexual harassment can cause and the stress involved in pursuing workplace justice.
Human Rights, Dignity and Workplace Justice
Sexual harassment undermines the fundamental human right to work in a safe, respectful, and dignified environment. Australian workplace laws increasingly reflect this principle, placing stronger obligations on employers and offering clearer pathways for workers to seek redress.
If you believe you have experienced sexual harassment, discrimination, or retaliation in connection with work, early action matters. Time limits apply, and strategic decisions made early can significantly affect outcomes.
FREE CONSULTATION – Confidential Advocacy Support
MYUNION provides FREE CONSULTATIONS for workers seeking guidance on:
sexual harassment at work
Fair Work Commission applications
unfair dismissal and adverse action
human rights and discrimination pathways
We advocate for workers — we are not a law firm, and we do not provide legal services.
GETHELP@MYUNION.AU | 1300MYUNION | MYUNION.AU
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