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
