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16 Jun 2026 Discrimination
The Working Women’s Centre SA has secured a landmark win in a sexual harassment case: Clarke v Beiler Constructions Pty Ltd as trustee for Fox Trading Trust [2026] FCA 734
The decision is historically significant because it is the first fully contested Federal Court case to consider the workplace sexual harassment protections introduced into the Fair Work Act in 2023. These reforms were designed to strengthen workers’ rights and make it clear that sexual harassment has no place in Australian workplaces.
The judgment, handed down on 12 June 2026, is a major milestone for the Working Women’s Centre, marking the Centre’s first Federal Court ruling.
Our client Elisa came to the Centre after experiencing workplace sexual harassment and breaches of her workplace rights while trying to build a career in a traditionally male-dominated industry.
Pursuing a case of this nature takes enormous courage, determination and resilience. For more than three years, our client persisted through a challenging legal process to seek accountability and justice.
We congratulate Elisa on her extraordinary strength and perseverance. By speaking up and pursuing justice, she has helped strengthen workplace protections for workers across Australia.
The Court accepted the complainant’s evidence in circumstances where there were no other witnesses to the conduct. The Clarke decision sends a powerful message to perpetrators that women will be believed, and perpetrators can be held to account even where the misconduct occurs in isolated or private setting.” said Nikki Candy, CEO of the Working Women’s Centre SA.
The Federal Court also found multiple breaches of workplace laws and award obligations, including underpayment of wages and allowances, failures to provide payslips, and breaches of other employment entitlements.
The decision reinforces that employers have a responsibility to provide safe workplaces and can be held accountable when they fail to do so. Until now, there has been limited guidance from the courts on how these protections operate in practice. This judgment helps demonstrate how the law operates and sends a strong message that workplace sexual harassment will be taken seriously.
While Elisa’s case is the first fully contested judgment concerning claims made under the sexual harassment provisions in the Fair Work Act 2009, there have been two earlier decisions in the Federal Circuit Court — Mejia v Capital City Cafe‑Bar [2026] FedCFamC2G 468, where liability was admitted, and Eklom v Marshall [2026] FedCFamC2G 772, which proceeded by default judgment. Clarke is the first case to be fully contested, and determined by the Federal Court.
Two of the three cases brought under section 527D to date — Clarke and Mejia — were pursued with the support of feminist community legal services (Mejia was bought by the Women’s Legal Service ACT).
This demonstrates the critical role that properly funded specialist women’s legal centres play in enabling women to enforce their rights and hold employers accountable for sexual harassment and gender‑based harm in the workplace.
These cases demonstrate that it is dedicated feminist legal services who are prioritising and pursuing complex sexual harassment claims on behalf of women. Continued and expanded funding for these services is essential if the promise of these new workplace protections is to be realised in practice.”, said Ms Candy.
The Working Women’s Centre specialises in workplace sexual harassment and gender-based workplace issues. We understand the barriers many victim-survivors face when seeking help and remain committed to ensuring their experiences are heard, respected and acted upon.
The success of this case demonstrates the vital role that specialist feminist legal services play in helping workers access justice.
This Federal Court win strengthens our resolve to prevent and address workplace sexual harassment and gender discrimination, reduce the harm experienced by victim-survivors, and create safer workplaces for everyone.
The Working Women’s Centre South Australia is proud to celebrate a historic Federal Court win in a workplace sexual harassment case that will have lasting significance for workers across Australia.
The matter will now proceed to a further hearing to determine compensation and penalties.
