Your Rights at Work: Protection Against Sexual Harassment

What is sexual harassment?

Sexual harassment is any unwelcome behaviour of a sexual nature where a reasonable person would anticipate the possibility of offense, humiliation or intimidation. The intention of the harasser doesn’t matter, and it can be repeated or a one-off incident. It’s a serious health and safety issue that can cause physical and mental harm. In some cases, it can even lead to criminal charges.

Sexual harassment can happen to anyone, but women are much more likely to experience it. It is also more commonly experienced by vulnerable or marginalised groups such as young people and LGBTIQA+ people. 

Examples of sexual harassment can include the following (whether in person, online or via technology): 

• Inappropriate physical contact, such as unwelcome touching 

• Staring, being watched or followed  

• A suggestive comment or joke 

• A sexually explicit picture, poster or gift 

• An unwanted invitation to go out on dates 

• Unwanted calling, messaging or requests to meet outside of work 

• Request/pressure for sex or sexual acts 

• Sexual gestures and indecent exposure 

• Intrusive comments or questions about a person’s private life or appearance 

• An insult or a taunt of a sexual nature 

• Sexually explicit comments made verbally or in writing e.g. via email or message. 

• Sharing or threatening to share intimate images or film without consent 

• Actual or attempted rape or sexual assault 

What to do if you experience or see sexual harassment at work

1. Put your safety first

Your safety is the most important thing. If you don’t feel safe, contact one of the support services listed below or reach out to someone you trust.

2. Contact your union

After you’re safe, your union should be your first call if the harassment happened at work or in a work setting (e.g. in work related training or at a work party).

We know talking about sexual harassment can be really difficult – your union is here to listen and support you.

You can contact:

• Your delegate
• Your Health and Safety Representative (HSR)
• Your union organiser
• Or call your union directly

Need a translator? Your union can arrange one so you can communicate in your preferred language.

What to expect when you contact your union

Any conversation with your union will be:

• Focused on your needs – you’re in control
• Non-judgemental – no blame, no shame
• Confidential – your privacy is protected

Your union will explain your options and help you decide what to do next.

Your legal protections

What the law says

Sexual harassment is prohibited under the Sex Discrimination Act. Since 6 March 2023, sexual harassment at work is also prohibited under the Fair Work Act. 

You’re protected from sexual harassment by anyone in your workplace, including:

• Colleagues (whether they’re senior or junior to you)
• Customers or clients
• Contractors or visitors

You are protected whether you’re an employee, contractor, apprentice, trainee, intern, work experience student, or volunteer. 

Your employer’s responsibilities

Your employer must take reasonable steps to prevent sexual harassment. This is their legal responsibility under the Sex Discrimination Act. 

Even if the person harassing you is a customer or external contractor, your employer still has to protect you.

To do this properly, employers need to:

• Understand the drivers of sexual harassment, and factors which may increasees the risk of sexual harassment generally and in the specific workplace 
• Take steps to reduce or eliminate those risks 
• Address complaints and issues in a timely and fair manner 
• Listen to workers and Health and Safety Representatives 
• Make informed decisions based on what workers tell them 

Making a complaint to an external body

If you want to take formal action, you or your union can make an application to the Fair Work Commission (FWC) or the Australian Human Rights Commission (AHRC). You can also make a complaint to your state’s equal opportunity or anti-discrimination commission. 

Key details if applying to FWC or AHRC: 

• You should apply within two years of the incident (or the last incident if there were multiple)
• Your union can make the application on your behalf
• Unions can also apply on behalf of a group of workers

Tip: It’s usually much easier to ask your union to make the application for you. They have the legal knowledge to make your case as strong as possible.

Common questions

What if I’m not sure if what happened counts as sexual harassment?

Contact your union anyway. They’ll give you accurate information and help you understand your options.

Can I talk to my union anonymously?

Yes. Your Health and Safety Representative (HSR) is the best person to contact for anonymous support. You can:

• Email them from a personal email that doesn’t identify you
• Leave an anonymous note at their workstation

If you’re not comfortable with your HSR, you can talk to an HSR from another work group.

Will my phone call be recorded?

Most unions record calls by default, but you can ask for the call not to be recorded at the start of the conversation. Your union will respect this and stop recording immediately.

Can men contact the union about sexual harassment?

Absolutely yes. While women are more likely to experience sexual harassment, it can happen to anyone. Your union won’t judge you – they’re there to help.

Can I delete this page from my browser history?

Yes. If you don’t want someone to see you’ve looked at this page:

• Search “delete browser history” plus your browser name (Chrome, Safari, Firefox, Edge)
• Or use “private” or “incognito” mode when browsing – this doesn’t save your history

Why join a union?

Sexual harassment is just one of many workplace issues your union can help with. Union members have:

• Someone in your corner when things go wrong
• Expert advice on your rights and entitlements
• Support with workplace disputes
• A stronger voice at work

Your union is here for you. You don’t have to face workplace problems alone.

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