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The Australian Human Rights Commission has launched Speaking from Experience, a
landmark project that centres the voices of people with lived experience in workplace
sexual harassment reform.
Sexual harassment is still unacceptably prevalent in Australian workplaces, with one in
three people having experienced workplace sexual harassment in Australia in the last
five years. The Commission is inviting people who have been sexually harassed at work
to have their say about what they think needs to change to make workplaces safer. The
information gathered will help create resources that will help workers and employers
know how to make workplaces safer for everyone, as well as inform future law reform
priorities.
Through a user-friendly web portal hosted on the Commission website, people who
have been sexually harassed at work can submit written or audio submissions outlining
their recommendations on what needs to change to address workplace sexual
harassment.
Participation in the project is voluntary and open to all individuals in Australia.
You can view and share the web portal here: https://humanrights.gov.au/our-work/sex
discrimination/speaking-experience
In addition to the online submissions, the Commission will conduct in-person
consultations across Australia to ensure the voices of marginalised groups are heard.
The consultations will prioritise input from Aboriginal and Torres Strait Islander
workers, young people, culturally and racially marginalised workers, people with
disability, LGBTIQ+ workers, and other groups disproportionately targeted by
perpetrators of workplace sexual harassment.
If you would like to be a community partner for the in-person consultations, please read
the flyer attached and email speakingfromexperience@humanrights.gov.au
In a show of support and solidarity, the Working Women’s Centre attended the Bread and Roses / Bret Mo Roses album launch, spotlighting the courageous battle of a group of 12 migrant women, members of the United Workers Union, who are fighting back after surviving sexual violence in the glasshouses of Perfection Fresh company.
These women, known as the Perfection 12, have bravely taken their fight to the Federal Court of Australia, seeking accountability and systemic change at Perfection Fresh, a major supplier to Coles and Woolworths, for failing to provide a safe workplace for its employees, particularly women who endure sexual harassment and assault within its glasshouses.
The Bread and Roses album, featuring the voices and stories of the 12 migrant women union members, marks a significant moment in the ongoing struggle, particularly highlighting the sacrifices that seasonal workers make for their families and their isolation from their communities for years, as well as their pursuit for justice and safety in the workplace. The title track, Bread and Roses (Bret Mo Roses) is an old union song that has been adapted by the women to reflect their own fight for respect.
During her speech at the Semaphore Workers Club event, Caterina Cinanni, executive director of the United Workers Union, emphasised the urgency of their fight for change. “The Perfection 12 are brave women fighting for justice, respect, and safety not just for themselves, but for every single woman working in that glasshouse. Perfection Fresh is the wealthiest and largest tomato glasshouse corporation in Australia.”
Abbey Kendall, director of Working Women’s Centre, underscored the importance of safe workplaces for all workers “Seasonal work must be safe, regardless of their background, identity, or job type. That is the benchmark of Australian workplace laws,” she added.
As the Perfection 12 continue their legal battle, supporters can amplify their message by spreading awareness and advocating for accountability from companies like Perfection Fresh. The Bread and Roses album serves as a testament to their resilience and determination, inspiring solidarity, and action among all who seek justice in the workplace.
For more information on how to support the Perfection 12 and their campaign, visit Bread and Roses – Full Album – Rotten Perfection
On 5 March 2020 the Sex Discrimination Commissioner, Kate Jenkins, released a report called ‘Respect@Work: Sexual Harassment National Inquiry Report’, in which the Commissioner made 55 Recommendations for the elimination of workplace sexual harassment.
The Anti-Discrimination and Human Rights Legislation (Respect@Work) Bill passed Parliament and received Royal Assent on 12 December 2022. It implemented the remaining Recommendations of the Respect@Work report.
Effective from 13th December 2022, employers have a legislated positive obligation to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible.
The significance of this amendment in terms of liability, is that an employer is now not only vicariously liable under the Sex Discrimination Act 1984 for Sexual Harassment in the workplace, but they now also have a positive obligation to be proactive and take preventative action to stop sexual harassment from occurring in the workplace.
Your obligation as an employer is to ensure the health and safety of your workers. A workplace is a dynamic place where people with different life experiences, different levels of power and responsibilities interact to create what is acceptable and unacceptable behaviour in that space. Because of this, all workplaces need to be continually and actively reviewing and ensuring that the space they are creating is safe and inclusive.
Image courtesy of AHRC.
There are various actions an employer can take to ensure they are meeting their positive duty.
The government has made it clear with these legislative amendments that Australia has a no tolerance policy to sexual harassment in the workplace. This attitude is reflected in the cultural change we have seen in the media and wider communities.
As of 13th December 2022, a person conducting a business or undertaking (PCBU) is exposing themselves to risk of legal action by failing to take preventative measures to prevent sexual harassment. If sexual harassment happens in connection with one of your employees, then you could be faced with one or more of the following outcomes:
As a part of an employer’s positive obligation to prevent sexual harassment, the organisation or business should proactively educate leaders, and other staff members in management, on the recent law reform and new obligations.
Powers of Australian Human Rights Commission
From 13 December 2023, the Australian Human Rights Commission will have regulatory powers to monitor and enforce compliance of this positive duty. These powers include conducting inquiries and applying to the federal courts for orders to be made against businesses.
To protect your workers, lower your liability of legal risk, and protect the reputation of your business, it is essential that you inform yourself of this positive obligation and what is required of you to satisfy this obligation.
The Working Womens Centre SA offers free and fee for service training for workplaces to educate them on their legal obligations under workplace and discrimination legislation. Our goal is to provide workplaces with the practical tools to support their staff through training, policy development and ongoing consultation.
Training Package – Preventing and Addressing Sexual Harassment
This training is for organisations and businesses to increase knowledge of what sexual harassment in the workplace is according to current legislation, including recent amendments that put a positive obligation on employers to prevent sexual harassment.
Employers will learn practical strategies to prevent sexual harassment at work, dealing with sexual harassment and discrimination complaints, and learn how to create a positive workplace culture free from inappropriate behaviours.
We work with you to tailor our packages to suit your specific context/industry and can tailor training for different people with varying responsibilities within your organisation.
This training package covers the following:
For any enquiries or to book a training session today, contact our office of 8410 6499, make an online enquiry, or email us at training@wwc.org.au.
After much campaigning by Working Womens Centres, unions, feminists, and activists, significant changes have been made to Australia’s workplace laws in relation to sexual harassment as of December 2022.
The Sex Discrimination Commissioner, Kate Jenkins, released a report in 2020 of which the Commissioner made 55 recommendations for the elimination of workplace sexual harassment.
Some notable recommendations which have now been legislated by parliament to form part of Australia’s employment laws are the following:
Positive obligation means that your employer, or person who is conducting a business or undertaking that you work for, has a responsibility to prevent sexual harassment from occurring in the workplace. This is a shift from employers previously only being legally liable on behalf of a sexual harasser, after the sexual harassment has occurred. These new laws means that an employer or person conducting a business or undertaking must be proactive and take preventative action to stop sexual harassment from occurring in the workplace.
This obligation on a person conducting a business or undertaking (PCBU) to prevent sexual harassment extends beyond harassment perpetrated by colleagues and/or management internally. This extends to perpetration externally from customers, sales representatives etc.
A person conducting a business or undertaking (PCBU) has a primary duty of care to ensure, so far as is reasonably practicable, the health and safety of workers. This is a term often used in Work Health and Safety laws. Some PCUB’s are not always employers so the use of both terms captures a wider group of responsible people.
There are many steps your employer can take in order to prevent sexual harassment. This will depend on the size of the business as to what is considered a ‘reasonable step’. Some of those steps are:
Options Before 6 March 2023
If you experience sexual harassment (one or more incidents) before 6 March 2023, you could if comfortable and safe do the following:
For more information about these options please read our fact sheet about sexual harassment in the workplace: https://wwcsa.org.au/resources/sexual-harassment-legal-options/ or give our Centre a call and book an appointment for legal advice.
If you have experienced sexual harassment in connection with your workplace, on 6 March 2023 or after you will be able to lodge a dispute with the Fair Work Commission.
Who can lodge a dispute?
If you are being sexual harassed and you are
and
The first or only incident of sexual harassment occurred on or after 6 March 2023, then you can lodge a dispute in the Fair Work Commission.
Who do you lodge the dispute against?
You can lodge the dispute against the person(s) who sexually harassed you and the employer that you’re both employed by. You can also lodge a claim against a PCUB. It might be that you say your employer and or the PCUB should have prevented the harassment or they did not respond to it well.
Forms
To lodge a dispute, you need to complete the f75 form. and you can find it here https://www.fwc.gov.au/apply-resolve-sexual-harassment-dispute-form-f75. After you lodge a dispute, you will receive a phone call from the Fair Work Commission confirming that they have received your application. At this point, with your consent, your application will be sent to the people and/or employers named in your application.
The perpetrators and employer will have an opportunity to provide a written response to your application. This is also a FWC form, and this response will be sent to the FWC and then it will be sent to you.
Conciliation stage
At this stage, a confidential conciliation conference will be held. The way this conference is conducted will be a matter for the FWC member, however the member will contact you and ask you about your preferences and take care to keep all parties safe. This might mean that you won’t see the employer or perpetrator at the conciliation, and you will be in separate rooms for the entire period. It might mean that the conciliation conference is conducted on the telephone, or it might be that no conciliation conference is listed, and the matter is listed for a hearing. The FWC is taking steps to be victim centric and so your opinion and preference will be considered.
What can you ask for?
At the conciliation stage, you can make settlement offers based on what could be ordered if you were to go to a hearing and win. You can ask for
Hearing
If you dispute does not settle at conciliation, and all parties agree for it to stay at the FWC then your dispute will be listed for a hearing. This means that a member of the FWC will preside over a hearing about your dispute. A hearing will call for witness statements, submissions about how the law works and applies to the facts in your witness statement, and cross examination of both parties’ witnesses.
‘A stop sexual harassment order’ is intended to prevent any future harassment, while an application for the FWC to otherwise deal with the dispute is intended to remedy past harm caused by sexual harassment. You can make both a stop sexual harassment application and lodge a sexual harassment dispute at the same time.
Stop Sexual Harassment Claim
If you are still in employment and the sexual harassment continues, then you can make an Application in the Fair Work Commission (FWC) to ‘Stop Sexual Harassment’. The matter will be listed for a Conciliation where the parties will have the opportunity to negotiate an agreement facilitated by a conciliator.
If this conciliation is unsuccessful and the parties are unable to reach an agreement, there are two avenues to further pursue the claim:
These changes to the Fair Work Act 2009 (Cth) commence on 6 March 2023. It is important to note that conduct that has occurred before 6 March 2023 will not be covered unless the conduct is ongoing.
To file a Stop Sexual Harassment Application in the Fair Work Commission, you need to file a Form F72 in the Fair Work Commission. There is a fee of $77.80 to make this application, however, you can apply for a fee waiver if it would cause financial hardship.
To make a Stop Sexual Harassment Application, you will need to set out the following in your application:
Information on how to make this kind of application can be found on the Fair Work Website at the following links:
The following remedies are available if a matter proceeds to arbitration in the FWC:
A complaint form can be filled out online and submitted on the AHRC website. There is a 24 month timeframe from the date of sexual harassment to make a complaint in the AHRC. You should contact the Working Women’s Centre SA for legal advice on your particular matter.
A complaint form can be filled out online and submitted on the AHRC website. There is a 12-month timeframe from the date of sexual harassment to make a complaint in the EOC. You should contact the Working Women’s Centre SA for legal advice on your particular matter.
Presented with Jamie Bucirde from Not So Hospitable
In this webinar we discuss the problem of sexual harassment in the hospitality industry, and your rights and legal options if it happens to you.
We discuss problematic normalised behaviours, and what a healthy and safe workplace looks like. We also cover the latest developments in the law, such as the upcoming legislative changes that will place a positive obligation on employers to prevent staff from being sexually harassed.
This webinar was presented on 7 November 2022. Information was current as of that date.
Please note that this is general information and may not be relevant to your particular matter. This should not be taken as legal advice.
In this webinar we discuss your fundamental legal rights and protections at work. We cover common issues encountered by LGBTIQA+ employees, how to deal with discrimination or bullying, and your right to a safe workplace.
We also discuss some new initiatives such as gender affirmation leave, and how you can create change at your workplace.
This webinar was presented on 24 November 2022 as part of Adelaide’s Feast Festival. Information was current as of that date.
Please note that this is general information and may not be relevant to your particular matter. This should not be taken as legal advice.
This webinar was presented as part of our 2022 Small Business Webinar Series.
Our Small Business Webinar series was designed around common issues identified by our lawyers in 2022, as a series of bite-sized, easy-to-understand educational sessions to help busy small businesses understand their obligations to their workers.
In this webinar, one of our lawyers, Kylie Porter, along with Jamie Bucirde from Not So Hospitable, discuss your obligations to your workers to prevent and address sexual harassment, and how to create positive culture change in your business.
We discuss problematic normalised behaviours and factors that make a healthy and equitable workplace. We also cover the latest developments in the law, such as the legislative changes that place a positive obligation on you to prevent your staff from being sexually harassed.
This webinar was the first in the Series, and was presented on 7 November 2022. Information was current as of that date.
Please note that this is general information and may not be relevant to your particular matter. This should not be taken as legal advice.
Please note that this is general information and may not be relevant to your particular matter.
This fact sheet sets out different options for making a formal complaint.
If you have been sexually harassed at work, we encourage you to call us and make an appointment to speak with one of our lawyers.
You are being sexually harassed if you face:
The concept for sexual harassment is broad. However, if you are feeling intimidated, humiliated, or offended by inappropriate sexual conduct in connection with the workplace, this is sexual harassment.[1]
Note: This can include a one-off statement or a profession of love, said to you or written to you.
[1] Sex Discrimination Act 1984 S 28A (1).
You may like to read our summaries of sexual harassment cases that have gone to court, to guide you on possible outcomes for different types of conduct.
There are two different Commissions in which you can lodge a complaint of sexual harassment – the Equal Opportunity Commission deals with complaints under South Australian legislation, and the Human Rights Commission deals with federal legislation.
It is important to seek advice on which Commission best suits your matter. Differences between the two jurisdictions include:
Call us and speak to one of our lawyers to discuss which jurisdiction is best for your particular circumstance. The two Commissions are summarised below.
The Equal Opportunity Commission is the South Australian jurisdiction and handles complaints made under State legislation, being the Equal Opportunity Act 1984 (SA).
You have 12 months to make a sexual harassment complaint in the Equal Opportunity Commission (EOC).[1] This complaint can be made by filling in and filing a form with the EOC.
https://www.equalopportunity.sa.gov.au/complaints/making-a-complaint
Once the EOC receives your complaint, they will assess it to see if it is covered by the Equal Opportunity Act 1984 (SA). They may seek further information from you, or the other party, before accepting or declining your complaint.
If your complaint is accepted, it will be allocated to a Conciliation Officer and will proceed to conciliation.
If it is declined by the Commission, you will receive a letter explaining the decision. Your complaint may be referred to the South Australian Civil and Administrative Tribunal.
For more information, see the Equal Opportunity Commission website:
https://www.equalopportunity.sa.gov.au/complaints/complaint-process
You can seek compensation in this jurisdiction.
You have 24 months to make a claim in the Australian Human Rights Commission (AHRC).[2] The complaint can be made via the online form or by filling in and filing the form below.
https://humanrights.gov.au/complaints/make-complaint
Once you have lodged your complaint, it will be assessed. The other party will receive a copy of your complaint. The Commission will investigate and/or conciliate your complaint.
If your complaint is terminated, you may be able to take your complaint to the Federal Circuit Court or the Federal Court of Australia. The application to the court must be made within 60 days of the date your complaint is terminated.
You can seek compensation in this jurisdiction.
Experiencing sexual harassment in the workplace can often lead to a psychological injury.
Read more about making a claim for worker’s compensation in our separate fact sheet:
Sexual Harassment – should I make a WC claim fact sheet
Your employer has a duty to make sure your workplace is safe. If you are experiencing sexual harassment in your workplace, and this has impacted on your mental health, you can make a complaint. This is known as a Psychological Risk Complaint.
It is important that you document your experiences, as you will need to provide specific details about the incidents that you have experienced in your complaint. This must include the date(s), time(s) and location(s) of the incident(s).
You cannot claim any compensation through this process
In November 2021, changes were made to the Fair Work Act 2009 (Cth) in response to the Respect@Work Report.
These changes were intended to create an accessible, fast moving, cost effective and informal way to address the increasing issue of sexual harassment in the workplace.
The Stop Sexual Harassment Order allows the Fair Work Commission to make an order under s789FC of the Fair Work Act 2009 (Cth).
If you are a worker who is being sexually harassed at work by a colleague, volunteer, or visitor to your workplace, you can make an application to the Fair Work Commission. As the purpose of the order is to prevent future instances of sexual harassment, it is an essential requirement that you are still employed at the time you make the application.
It is also important to note that a Stop Sexual Harassment Order cannot fire or dismiss a sexual harassment perpetrator or award you with any compensation.
To be eligible to make a Stop Sexual Harassment application you must be a worker in a ‘constitutionally covered business’.
To be considered a ‘constitutionally covered business’, the person or corporation must be either:
State public schools, foreign government ministries and some local government employers with incidental trading activities.
Detailed below are the stages to making a Stop Sexual Harassment Order application.
The correct form is Fair Work Commission Form F72. This can be accessed on the Fair Work Commission website.
https://www.fwc.gov.au/form/apply-stop-workplace-bullying-form-f72
A Stop Sexual Harassment Order cannot result in reinstatement or the payment of money (compensation). This course of action is for employees who are being sexually harassed at work and want to continue working, but do so in a safe environment, free from sexual harassment.
At this point the Case Management team will review your application. They will look at whether you’ve completed the application correctly and confirm whether you want to proceed with your application.
At this point the FWC will serve your employer, and the person you have named in the application with your application.
After your application has been served on your employer your matter will be allocated to a conciliation.
At this stage you and your employer will negotiate an outcome that you desire to continue your employment in a safe environment, free from sexual harassment.
If you resolve your matter at this stage, and there is no need to continue with a Stop Sexual Harassment Order, your matter will be considered resolved and it will discontinue.
If your matter is not resolved at conciliation, it will be assigned to a Member of the Commission for a conference. At this stage there will be an opportunity to negotiate to resolve the matter.
If the matter is not resolved at the conference stage, it will go to a hearing.
The hearing stage is more formal. It will give you and the other party the opportunity to present evidence on the matter.
The hearing will result with either your application being dismissed, or your application being determined.
A Stop Sexual Harassment Order will either be made, or the Commission will decline to make an order.
You can appeal this decision by leave of Full Bench.
You cannot claim any compensation through this process.
The Government has now legislated recommendations put forward in The Respect@Work Report. This report was based on a national inquiry into sexual harassment in Australian workplaces.
The Fair Work Act has been amended to include a prohibition on sexual harassment in connection with work. It increases protections for workers, including employees, work experience students, volunteers, future workers and anyone conducting a business or undertaking in the workplace. The protection won’t apply to sexual harassment of a worker that starts before 6 March 2023.
There is now also a positive duty on employers to prevent sexual harassment. A person or company will be liable for sexual harassment committed by one of their employees, or agents, unless they can prove that they took all reasonable steps to prevent it. You will also be able to make a joint application with other workers, for example, if one person at your workplace has harassed both you and your co-workers.
These changes include a new dispute resolution process which will allow the Fair Work Commission to deal with disputes through conciliation or mediation. If a dispute cannot be resolved, and the parties consent, the Commission can settle the dispute and make orders, including orders for compensation.
If the dispute cannot be resolved by the Commission, you will be able to pursue civil proceedings through to the Federal Court or Federal Circuit and Family Court of Australia, within 60 days of the Fair Work Commission issuing a certificate confirming that your matter has not been resolved.
These changes mean that you have the option to pursue a complaint of sexual harassment through the Fair Work Commission, as well as the AHRC and EOC jurisdictions. You also still have the existing option to pursue the Stop Sexual Harassment Order in the Fair Work Commission.
These new powers of the Fair Work Commission will come into effect on 6 March 2023.
[1] Equal Opportunity Act 1984 (SA) s 93(2).
[2] Australian Human Rights Commission Act 1986 (Cth) s 46PH.
[3] Sex Discrimination Act 1984 S 28A (1).
[4] Fair Work Act 2009 (Cth) s 789FC.
[5] Fair Work Commission, Orders to Stop Sexual Harassment Bench book, 11 October 2021, p 35
Please note that this is general information and may not be relevant to your particular matter. This should not be taken as legal advice.
When you are experiencing bullying, harassment or discrimination at work over a period of time, it can be difficult to keep track of exactly what happened and when, especially if your mental health is suffering. It helps to keep timely records of it all, so you don’t forget the details of what happened.
Your notes can be useful later if you wish to complain about the behaviour to your manager or HR person. It will also be good evidence to support a legal claim such as worker’s compensation, a Stop Bullying Order, or a complaint of sexual harassment in the Equal Opportunity Commission or Australian Human Rights Commission.
If you have experienced bullying or harassment during your work day (or night), take a moment to record what happened when you get home, or as soon as you can. You can send yourself an email or a text, or write it down with pen and paper in a diary.
Include as much detail as you can, especially the “who, what, where and when”. Include anyone who witnessed the behaviour, or anyone you spoke to about it. A structure is below to help you record all the important information.
Remember to keep a copy of any emails, texts, photos, or other records, that might be relevant to the harassment too.
Diary entry: 7 June 2022, 1:30am
Date of incident: 6 June 2022
Time: approx. 4pm
Place: In the storeroom at work
Who was there? Me, Josh, Maya and Mark the head chef
What happened? I was getting flour out the storeroom to start dinner prep and Chef came in, he said “just need some salt”. I don’t think he did, this is about the third time in the past couple of weeks he has made an excuse to go into the storeroom when I am in there. He brushed past me to the furthest shelf and put his hand on my waist as he went past, and whispered “it’s cosy in here isn’t it” in a sleazy way in my ear. I walked out and Josh could tell I was upset. He asked what happened but I didn’t want to say anything in case Chef heard. Maya was on shift tonight too, I told her what happened on our break at 9pm.
If you need advice about workplace bullying or sexual harassment, call your union or our Centre.
You might like to check out our other fact sheets on sexual harassment at work:
Young workers and sexual harassment – what are my rights?
Sexual Harassment at Work – Should you make a Workers Compensation claim?
Join one of our lawyers, Kylie Porter, along with Jamie Bucirde from Not So Hospitable, as we discuss the problem of sexual harassment in the hospitality industry, and your rights and legal options if it happens to you.
We will discuss problematic normalised behaviours, and what a healthy and safe workplace looks like. We will also cover the latest developments in the law, such as the upcoming legislative changes that will place a positive obligation on employers to prevent staff from being sexually harassed.
Both current and former hospo workers are welcome, as are all other interested supporters of workers in the hospitality industry.
Register now by clicking the button on the left, or by visiting this link.
Note: If you can’t attend at this time, please register and we will send you a recording of the session.
SA Attorney-General Kyam Maher visited the Centre on Wednesday 10 August 2022 to announce that $2 million in funding will be given to the Centre, over the next three years, to aid our work in combatting sexual harassment in the workplace.
He said the funding was “really important”.
“Many women don’t just suffer sexual harassment at work, there’s often underpayment of wages so it’s critically important that women have a resource like the Working Women’s Centre,” he said.
The ABC interviewed our Director Abbey Kendall, as well as Senior Lawyer Emma Johnson and her client, Tessa Jones* who spoke about her experience of sexual harassment at her former workplace, and how the Centre helped her.
“For me, I had to go through this, I couldn’t go around it, I couldn’t ignore it. I had to go straight through it and the Centre helped me do that,” she said.
The funding aligns with Recommendation 53 of federal Sex Discrimination Commissioner Kate Jenkins’ Respect@Work report. The Centre will use the funding to employ more lawyers.
The story was also featured on the ABC News SA 7pm bulletin.
*Name changed
Our 1-hour CPD workshop is tailored for practitioners in the legal sector to equip teams with the tools to respond to workplace sexual harassment. The content shines a light on the current climate within the legal sector and how the working rights of practitioners are breached when harassment and bystander apathy occurs. Participants will learn practical strategies to prevent sexual harassment and how to create a positive workplace culture, free from inappropriate behaviours.
The Working Women’s Centre workplace training program is an evidenced based, comprehensive approach to understanding issues in the workplace for legal practitioners. Our training programs are delivered by a masters qualified education and training specialist with expertise in workplace relations and gendered violence.
We acknowledge that this event will be streamed on Kaurna land and we pay our respects to the traditional custodians of the land, past and present. Sovereignty was never ceded.
Our 1-hour CPD workshop is tailored for practitioners in the legal sector to equip teams with the tools to respond to workplace sexual harassment. The content shines a light on the current climate within the legal sector and how the working rights of practitioners are breached when harassment and bystander apathy occurs. Participants will learn practical strategies to prevent sexual harassment and how to create a positive workplace culture, free from inappropriate behaviours.
The Working Women’s Centre workplace training program is an evidenced based, comprehensive approach to understanding issues in the workplace for legal practitioners. Our training programs are delivered by a masters qualified education and training specialist with expertise in workplace relations and gendered violence.
We acknowledge that this event will be streamed on Kaurna land and we pay our respects to the traditional custodians of the land, past and present. Sovereignty was never ceded.
Our 1-hour CPD workshop is tailored for practitioners in the legal sector to equip teams with the tools to respond to workplace sexual harassment. The content shines a light on the current climate within the legal sector and how the working rights of practitioners are breached when harassment and bystander apathy occurs. Participants will learn practical strategies to prevent sexual harassment and how to create a positive workplace culture, free from inappropriate behaviours.
The Working Women’s Centre workplace training program is an evidenced based, comprehensive approach to understanding issues in the workplace for legal practitioners. Our training programs are delivered by a masters qualified education and training specialist with expertise in workplace relations and gendered violence.
We acknowledge that this event will be streamed on Kaurna land and we pay our respects to the traditional custodians of the land, past and present. Sovereignty was never ceded.
Our 1-hour CPD workshop is tailored for practitioners in the legal sector to equip teams with the tools to respond to workplace sexual harassment. The content shines a light on the current climate within the legal sector and how the working rights of practitioners are breached when harassment and bystander apathy occurs. Participants will learn practical strategies to prevent sexual harassment and how to create a positive workplace culture, free from inappropriate behaviours.
The Working Women’s Centre workplace training program is an evidenced based, comprehensive approach to understanding issues in the workplace for legal practitioners. Our training programs are delivered by a masters qualified education and training specialist with expertise in workplace relations and gendered violence.
We acknowledge that this event will be streamed on Kaurna land and we pay our respects to the traditional custodians of the land, past and present. Sovereignty was never ceded.
Please note that this is general information & may not be relevant to your particular matter. This podcast/webinar recording should not be taken as legal advice.
Can you really report instances of sexual harassment in your workplace when you risk losing your job? How does job security help to protect workers from sexual harassment and gendered violence?
Listen to: The Protective Power of Job Security. Our guest speakers will discuss how violence against women is linked to casualisation and how we can prevent violence by increasing access to job security.
Senator Sarah Hanson-Young: Senator for South Australia.
Tanya Hosch: 2021 South Australian of the Year, and the Executive General Manager of Inclusion and Social Policy at the AFL.
Gemma Beale: Writer and a PhD Candidate at Flinders University, with a focus on insecure work and a passion for economic justice.
This event is possible due to a grant from the Government of South Australia, Department of Human Services, as part of the COVID-19 National Partnership – Domestic Violence Funding.
We acknowledge that this event will be held on Kaurna land and we pay our respect to the traditional custodians of the land, past and present. Sovereignty was never ceded.
CONTENT NOTE: this event will involve a discussion on sexual harassment, domestic and family violence and sexual assault.
The Respect@Work Report (2020) outlines that 1 in 3 Australians have experienced sexual harassment at work, ranging from serious offences like sexual assault and rape to inappropriate comments and sexist slurs.
At the Working Women’s Centre, our staff regularly provide advice and support for workers who have experienced workplace sexual harassment. Many of these workers are working in insecure jobs, such as casual or fixed-term contracts.
Our staff have observed that workers are often unable to resist or report sexual harassment due to the risk of losing their job. Gender inequality is proven to be the most significant driver of violence against women and workplace sexual harassment. We have the opportunity to prevent violence by collectively working to increase access to job security.
The Working Women’s Centre is proud to hold a panel event about job insecurity and its connection with gendered violence. In this event, we will hear from three fantastic speakers, each sharing their personal experience and expertise on the topic. The event is also the launch of a new project to improve job security as a protective factor against violence.
If you are an employer or organisational leader, or you work in HR, get in touch with us about how you can get involved with our project about gendered violence and insecure work.
Our Director Abbey Kendall spoke with Kathryn Bermingham, for the Advertiser on September 22, 2021.
Abbey Kendall, director of the Working Women’s Centre of SA, said there are clear steps employers can take to ensure Christmas parties are safe.
“Prior to a Christmas party, an employer really needs to look at the culture within an organisation or business,” she said.
“If there is, that needs to be addressed before the party … the emphasis really needs to be on prevention.”
Ms Kendall said complaints arising from Christmas parties made January was a particularly busy time for the centre.
“The complaints range from lewd comments at the Christmas party bar right through to serious assaults,” she said.
WHEN
05 Oct 2021
6pm – 7.30pm
EVENT TYPE
Live panel
WHERE
Say Kitchen Café, 78 Currie Street, Adelaide
ACCESSIBILITY
Wheelchair Accessibility
The Morrison Government has been accused of ignoring another recommendation of the landmark Respect at Work report.
Working Women’s Centres were singled out by Sex Discrimination Commissioner Kate Jenkins as an essential service for providing support for victim-survivors of sexual harassment, but the future of two centres – in the Northern Territory and Queensland – is in doubt.
Featured:
Emma Sharp
Nicki Petrou, Director, NT Working Women’s Centre
Abbey Kendall, Director, SA Working Women’s Centre
Helen Campbell, Executive Officer, NSW Women’s Legal Service
Reporter:
Cathy Van Extel
Duration: 7min 54sec
Can you really report instances of sexual harassment in your workplace when you risk losing your job? How does job security help to protect workers from sexual harassment and gendered violence?
Come along to our upcoming panel event about The Protective Power of Job Security. Our guest speakers will discuss how violence against women is linked to casualisation and how we can prevent violence by increasing access to job security.
Senator Sarah Hanson-Young: Senator for South Australia.
Tanya Hosch: 2021 South Australian of the Year, and the Executive General Manager of Inclusion and Social Policy at the AFL.
Gemma Beale: Writer and a PhD Candidate at Flinders University, with a focus on insecure work and a passion for economic justice.
The panel discussion will go until 7.30, after which attendees are invited to stick around to chat. Drinks will be available for purchase.
This event is possible due to a grant from the Government of South Australia, Department of Human Services, as part of the COVID-19 National Partnership – Domestic Violence Funding.
We acknowledge that this event will be held on Kaurna land and we pay our respect to the traditional custodians of the land, past and present. Sovereignty was never ceded.
CONTENT NOTE: this event will involve a discussion on sexual harassment, domestic and family violence and sexual assault.
The Respect@Work Report (2020) outlines that 1 in 3 Australians have experienced sexual harassment at work, ranging from serious offences like sexual assault and rape, to inappropriate comments and sexist slurs.
At the Working Women’s Centre, our staff regularly provide advice and support for workers who have experienced workplace sexual harassment. Many of these workers are working in insecure jobs, such as casual or fixed-term contracts.
Our staff have observed that workers are often unable to resist or report sexual harassment due to the risk of losing their job. Gender inequality is proven to be the most significant driver of violence against women and workplace sexual harassment. We have the opportunity to prevent violence by collectively working to increase access to job security.
The Working Women’s Centre is proud to hold a panel event about job insecurity and its connection with gendered violence. In this event, we well hear from three fantastic speakers, each sharing their personal experience and expertise on the topic. The event is also the launch of a new project to improve job security as a protective factor against violence.
We hope to see you there!
Appointments will be held at the Legal Advice Clinic – City West Campus on:
To make an appointment please telephone WWC SA on 8410 6499 or complete the online form at:
We are looking for a small team of volunteer Fundraising Ambarassors! The fundraising ambassadors will drive our fundraising efforts to help us reach our fundraising goal ($50,000 over the next 12 months). You will organise community engagement activities to help us fundraise and build our community of supporters. This will include helping to organise a large fundraiser event in April or May of 2022.
commit at least 7 days of your time in the next 12 months be part of a new volunteer program and open to experimenting, giving feedback and learning as you goAre willing to get a Working with Vulnerable Persons check (the Working Women’s Centre will cover any costs associated). Are available to attend our Fundraising Ambassador Info Night at 29 SEP, 5:30 PM – 7:30 PM
Watch online here:
The recordings and transcripts of the event will be available after the summit.
“We don’t want a culture where we expect the onus to be on the victim or survivor and therefore make women take the first step and react to sexual harassment, as opposed to stopping it from happening in the first place,” says Kendall.”
The South Australian, Northern Territory, and Queensland Working Women’s Centres welcome Labor’s promise to ensure there are properly funded Working Women’s Centres in every Australian state and territory.
With this announcement, Labor has recognised that Working Women’s Centre’s service models are crucial to addressing the pervasive issue of sexual harassment in Australian workplaces.
All corners of the country are calling on the federal government to address sexual harassment in the workplace.
Recommendation 49 of the Australian Human Rights Commission’s Respect@Work Report is that ‘Australian governments provide increased and recurrent funding to working women’s centres to provide information, advice, and assistance to vulnerable workers who experience sexual harassment. The Sex Discrimination Commissioner recognised the unique holistic support provided by Working Women’s Centres:
“We found they were uniquely the most effective, victim-centric model that could deliver support, advice [and] advocacy to women [across a] range of issues in their work.”
The federal government accepted this recommendation. Now is the time for the government to make a concrete funding announcement.
Working Women’s Centres call for bipartisan commitment to fully fund Working Women’s Centres. The prevention of sexual harassment should not be a political football. We need the federal government to immediately announce a funding package for the working women’s centres. The Northern Territory Working Women’s Centre is just months away from closing.
Two out of five Australian women experienced sexual harassment at work in the past five years, but the Federal Government has failed to properly fund the Working Women’s Centres that provide the first point of contact for women experiencing sexual harassment in the workplace.
All three centres have seen an exponential increase in enquiries about sexual harassment. The South Australian Working Women’s Centre has seen a 200% increase in enquiries since March 2021.
Quotes attributable to Nicki Petrou, Director NT Working Women’s Centre:
“With our one-off interim Federal funding running out in September, and without a further funding commitment from the Federal government, we will have to close the NT Working Women’s Centre by the end of the year. We will need to tell Territory women that we will no longer be there when things go wrong in the workplace, when they need our support.
We do not want to see Territory women the casualties of a political funding battle especially when every minute counts for us right now. “
“The need for this funding is urgent: there has been a national outcry against workplace sexual harassment and assault that we know occurs in every industry. We cannot delay this. The NTWWC do not want to start turning women away especially when as a society we are now encouraging women to come forward and share their story, to say enough is enough but not provide the support that is needed!”
Quote attributable to Abbey Kendall, Director of SA Working Women’s Centre
“We have been fighting for funding recognition for the last 8 months and we welcome Labor’s pledge to sustainably fund Working Women’s Centres and ensure that all Australian women can have access to our world leading model of service, no matter where they work and live. Sexual harassment in the workplace should not be politicised.
“We need funding action from the federal government and bi-partisan support for our services. This is a no-brainer, the federal government have an opportunity to make their mark in the prevention of sexual harassment, and they can do it by funding a holistic, professional and trauma informed service that has a proven track record of improving the lives of Australian working women.”
Quotes attributable to Claire Moore, Acting Director of Basic Rights Queensland (Working Women’s Centre QLD)
“WWCs have proven our worth over many years. We support women to understand their rights and have access to the system to achieve outcomes when these rights have been violated. The struggle for effective funding has highlighted the unmet needs of women and the impact on their lives, their workplaces , and their families. The Respect@Work report acknowledged the need for these services as an integral element of the response to the systemic damage to women who are damaged by harassment, discrimination, and isolation. Their voices need to be heard.”
Save our Working Women’s Centres website: https://saveourworkingwomenscentres.com.au/
Sexual harassment in the workplace is an ongoing and increasingly publicised topic. More and more women contact our centre daily to seek advice in relation to the legal avenues that may be available to them to seek a remedy for the unacceptable and intolerable behaviour they have experienced in the workplace.
Once a victim has gained the courage to seek advice on their legal options, the next question that usually follows is how does someone quantify a monetary settlement for the behaviours and conduct that person has been subject to?
The following case studies are based on leading sexual harassment cases. They give a brief summary of the facts by looking at the conduct and behaviours a complainant has experienced, the findings of the court in relation to the said conduct and lastly the rulings and compensation awarded by the courts.
Ms Hill was awarded $170,000 in compensation for loss and damages.
Facts:
Ms Evans was awarded $30,000 in damages.
Ms Evans also claimed that Pasadena Foodland had breached its duty of vicarious liability and was responsible for Mr Crugnale’s behaviour because they had failed to appropriately implement/enforce their own sexual harassment policy.
Pasadena Foodland was found to be vicariously liable for Mr Crugnale’s conduct as they did not take reasonable steps to prevent Mr Cugnale’s behaviour. In was also found that Foodland failed to implement their own sexual harassment policy.
http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2019/222.html
MS YELDA RECEIVED $200,000 IN COMPENSATION.
Ms Lee was awarded $100,000 in damages
Read the full article on Refinery19
Read the full article on Refinery29 here
The Northern Territory Working Women’s Centre — a community-based non-profit organisation that supports women through gender discrimination, sexual harassment and assault in the workplace — is at risk of closure. Sign the petition to demand federal funding — it only takes 2 minutes! To read more about Refinery29 Australia’s long-term initiative to dismantle sexual harassment in the workplace, visit the #FiredUp hub.
“reclaim its position as leaders in tackling sexual harassment, provide employers with the guidance they need and victims the support and redress they deserve.”
Read the full article on Refinery29 here
The Northern Territory Working Women’s Centre — a community-based non-profit organisation that supports women through gender discrimination, sexual harassment and assault in the workplace — is at risk of closure. Sign the petition to demand federal funding — it only takes 2 minutes! To read more about Refinery29 Australia’s long-term initiative to dismantle sexual harassment in the workplace, visit the #FiredUp hub.
Nicki Petrou, the director of the NTWWC, says the NT government gives the centre $200,000 a year, but another $700,000 annually is needed to keep it open. If the federal government doesn’t commit to this funding soon, she fears being forced to make staff cuts, reduce operating hours from five to three days a week in September, and potentially closing doors in November.
“[The funding] will be able to at least fund us properly, and to be able to respond appropriately to the demand,” Petrou told Refinery29 Australia.
Read the full article on The Sydney Morning Herald here.
Specialist employment law centres that help women take action against underpayment and sexual harassment are warning they are at risk of closure as a decision on giving them permanent funding is delayed.
The federal government is still consulting states and territories over funding for the working women’s centres, which the landmark Respect@Work report from the national inquiry into sexual harassment in Australian workplaces recommended should be increased and made recurrent.
Standalone working women’s centres exist only in Queensland, South Australia and the Northern Territory. They are specialist workplace legal services that advise and represent women who aren’t union members and can’t afford private lawyers.
Sex Discrimination Commissioner Kate Jenkins recommended in the Respect@Work report that their funding should be boosted and similar services set up in the states that don’t have them.
“Our national inquiry found that support, advice and advocacy for victim-survivors of sexual harassment should be delivered through a multifaceted, holistic approach, including smooth and speedy referrals between services,”
she told The Age and The Sydney Morning Herald.
“Working women’s centres are well-placed to act as a central hub for this approach and address the intersectional needs of victim-survivors in a way that other services may be unable to.”
Registrations are open! Join our team & start fundraising for the Working Women’s Centre here:
https://citybay21.grassrootz.com/working-women-s-centre-sa
Have you experienced:
• Wage theft? Do you think you may not be being paid correctly?
• Unfair dismissal? Have you been dismissed from a job recently?
• Discrimination? Have you been treated badly at work due to race, gender or age?
• Sexual harassment?
• Bullying?
• Sham contracting? Does your employer call you a contractor, however you may be an employee?
Have you experienced:
• Wage theft? Do you think you may not be being paid correctly?
• Unfair dismissal? Have you been dismissed from a job recently?
• Discrimination? Have you been treated badly at work due to race, gender or age?
• Sexual harassment?
• Bullying?
• Sham contracting? Does your employer call you a contractor, however you may be an employee?
As the Women’s Safety Summit gets delayed, Working Women’s Centres have launched a fight for survival. Working Women’s Centres provide free advice, support and representation to thousands of working women every year about workplace issues.
Two out of five Australian women experienced sexual harassment at work in the past five years, but the Federal Government has failed to properly fund the Working Women’s Centres which provide a first point of contact for women experiencing sexual harassment in the workplace.
Recommendation 49 of the Respect@Work Report is that ‘Australian governments provide increased and recurrent funding to working women’s centres to provide information, advice and assistance to vulnerable workers who experience sexual harassment.
Quotes attributable to Nicki Petrou, Director of the NT Working Women’s Centre:
“Today, we are launching a fight for the survival of our specialised women’s services, services that support working women to ensure their workplaces are safe and fair. A key recommendation of the Respect@Work report was to provide increased and recurrent funding for Working Women’s Centres, but the Federal Government has not yet made any announcement of ongoing funding to the QLD and NT Working Women’s Centres.”
“With our one-off interim Federal funding running out in September, and without a further funding commitment from the Federal government, we will have to close the NT Working Women’s Centre by the end of the year. We will need to tell Territory women that we will no longer be there when things go wrong in the workplace, when they need our support.
“Whilst we are grateful for the interim funding from the Northern Territory and Federal Governments, this will not last forever and neither will we if we do not receive funding certainty soon. The time for our service is fast ticking away. We’ve been told that we needed to wait for discussions between state/territory and the federal government, for the Women’s Safety Summit in July. Discussions have been had, and the Summit has now been postponed until September., and now what? We can’t wait that long.
“The need for this funding is urgent: there has been a national outcry against workplace sexual assault that we know occurs in every industry. We cannot delay this. We cannot continue turning women away.
“To achieve safety for women in the workplace, all 55 Recommendations of the Respect@Work Report must be implemented and funded.
“Providing funding certainty to the NT Working Women’s Centre would cost less than $1 million per year. It costs less than $1 million to support women in the NT with our world leading model for tackling workplace sexual harassment and violence. How much are women in Northern Territory worth to this Governement?”
Quote attributable to Fiona Hunt, Director of Working Women Qld:
“Working Women Qld has been operating a reduced service since we lost Federal Funding in 2016. This has meant that hundreds of women in Queensland who have been treated unfairly or been sexually harassed in their workplaces have not been able to get the advice, support and representation they deserve and need to address these issues. Without the support of the Qld Government, the service would have been forced to shut down years ago. Now is the time for the Federal Government to respond to the Respect@Work recommendations and support vulnerable workers across Queensland. Working Women Qld needs Federal funding to operate a full service 5 days a week and to make sure that every woman in Queensland can be safe and equal at work.”
Quotes attributable to Abbey Kendall, Director of the Working Women’s Centre SA:
“The Working Women’s Centre SA is an example of what our service can achieve with sustainable funding. The South Australian Working Women’s Centre receives ongoing funding from both our state and federal governments. In the past two years, we recovered $1.2 million in compensation, stolen wages and penalties for workers.
“Women come to us when they are facing very complex, personal choices about how they respond to harassment in the workplace. Being armed with the facts about their options empowers them at a time when they are incredibly vulnerable. Our model of advice, education and advocacy is world leading. Funding Working Women’s Centres is an easy, immediate and tangible solution for the prevention of sexual violence.”
[End]
Save our Working Women’s Centres website:
https://saveourworkingwomenscentres.com.au/
MEDIA CONTACTS:
WWC NT Director Nicki Petrou
WWC QLD DirectorFiona Hunt
WWC SA Director Abbey Kendall
Come along to our Feminist Action Session to help the Working Women’s Centre develop practical tools that can be used in workplaces.
1 in 3 Australians have experienced sexual harassment at work, yet only 18% of victims report their experience (according to the Respect@Work Report 2020).
The Working Women’s Centre SA has recently completed research that found that workplace posters are effective and engaging tools to highlight inappropriate behaviour and connect victims with support avenues. In the upcoming Feminist Action session, we will discuss ways in which we can combat sexual harassment in our workplaces and communities and support victims of sexual harassment. We’ll also share ideas for a meaningful poster for South Australian workplaces.
In this session you will have the opportunity to share your ideas and discuss the topic with like-minded individuals.
CONTENT NOTE: This event will involve a discussion of workplace sexual violence.
WHEN
29 Jul 2021
5.30-7.00pm
EVENT TYPE
Workshop
WHERE
The Working Women’s Centre SA, Level 1 Station Arcade, 52 Hindley Street
ACCESSIBILITY
Wheelchair Accessibility
We acknowledge that this event is on Kaurna land and we pay our respect to the traditional custodians of the land, past and present . Sovereignty was never ceded.
The Working Women’s Centre in collaboration with Fair Go SA, will co-host an educational workshop on worker’s rights and the Fair Work Act.
This will be followed by a confidential (one to one) advice clinic for any workers who need free industrial advice about work.
Our workshop will cover topics including:
At the Confidential Industrial Advice Clinic you can:
WHEN:
23 Jul 2021
2pm – 5pm
EVENT TYPE
Workshop
WHERE
69 Grote Street, Adelaide SA
If you cannot register for this event via the We Chat QR code, please email to register: reception@wwc.org.au
Accessibility: Please note that this venue is not wheelchair accessible, there are volunteers who can assist with accessing the venue if required, but only upon request.
We acknowledge that this event is on Kaurna land and we pay our respect to the traditional custodians of the land, past and present. Sovereignty was never ceded.
The Working Women’s Centre in collaboration with Fair Go SA, will co-host an educational workshop on worker’s rights and the Fair Work Act.
This will be followed by a confidential (one to one) advice clinic for any workers who need free industrial advice about work.
Our workshop will cover topics including:
At the Confidential Industrial Advice Clinic you can:
If you cannot register for this event via the We Chat QR code, please email to register: meng@wwc.org.au
Accessibility: Please note that this venue is not wheelchair accessible, there are volunteers who can assist with accessing the venue if required, but only upon request.
We acknowledge that this event is on Kaurna land and we pay our respect to the traditional custodians of the land, past and present. Sovereignty was never ceded.
Note: this event will be held online due to COVID-19 risks and restrictions.
Come along to our Feminist Action Session to help the Working Women’s Centre develop practical tools that can be used in workplaces.
1 in 3 Australians have experienced sexual harassment at work, yet only 18% of victims report their experience (according to the Respect@Work Report 2020).
The Working Women’s Centre SA has recently completed research that found that workplace posters are effective and engaging tools to highlight inappropriate behaviour and connect victims with support avenues. In the upcoming Feminist Action session, we will discuss ways in which we can combat sexual harassment in our workplaces and communities and support victims of sexual harassment. We’ll also share ideas for a meaningful poster for South Australian workplaces.
In this session you will have the opportunity to share your ideas and discuss the topic with like-minded individuals.
CONTENT NOTE: This event will involve a discussion of workplace sexual violence.
We acknowledge that this event is on Kaurna land and we pay our respect to the traditional custodians of the land, past and present . Sovereignty was never ceded.
Sexual harassment is conduct of a sexual nature that makes you feel offended, humiliated or intimidated, that a reasonable person would anticipate would make you feel that way.
Sexual harassment includes conduct like:
Your workplace should protect you from sexual harassment at work. This includes from co-workers, customers or clients. When starting a job, you should ask your employer about their workplace harassment policies. If you foresee any risks, for example, you are worried about being rostered on alone in a shop, discuss with your employer what can be done to ensure your safety at all times.
If you tell your employer that you have been sexually harassed, or they should have known that it was happening, they must stop the harassment and prevent it happening again. They are also vicariously responsible for the conduct of their staff (that is, legally responsible for their behaviour) unless they show that they have taken reasonable precautions to prevent sexual harassment and to properly deal with any complaints.
If you complain about sexual harassment, and then you have your shifts cut, or you are demoted or fired, you should call us for advice. You have a right to safe workplace and if you suffer a loss for making a complaint about that right, you could make a General Protections claim in the Fair Work Commission. Note that if you are fired, there are only 21 days from the end of your employment to make this claim.
You can also make a complaint to the Equal Opportunity Commission and Australian Human Rights Commission about the sexual harassment. There time limits of 12 months and 24 months respectively for these claims.
If you have been sexually harassed at work, firstly make sure you are safe and have support, and call us or your Union for legal advice about your individual situation.
Here are some common situations. Have a read and think about what you would do in these situations.
Even if a workplace has a culture of jokes and pranks, Mark’s jokes and comments are sexual harassment. Unwelcome touching, such as a shoulder rub, is also sexual harassment.
If Olivia feels too anxious or unwell to attend work, she should seek help from her doctor and with her doctor’s support, consider a worker’s compensation claim.
Olivia could see if any of her co-workers feel the same way about Mark’s behaviour and complain as a team. Olivia could arrange a meeting with Mark about his behaviour, with a support person, or could write an email to him outlining her concerns. If the workplace has a policy on workplace harassment, she should refer to it. Olivia has the right to a workplace free of sexual harassment and her concerns should be taken seriously. Once the workplace is notified of her complaint, they should take steps to prevent it happening again, even if the boss is the culprit.
Olivia could also lodge a claim in the Equal Opportunity Commission or the Australian Human Rights Commission about the sexual harassment.
If you are in a similar situation, call us or your Union for advice.
It is not okay that Anika feels unsafe at work. She has the right to a safe workplace. Anika should report the customer’s behaviour to her boss. If her boss knows about the harassment, he must act to stop it and prevent it from happening again. It doesn’t matter if the customer is a regular, a big spender or a friend of the boss.
Anika should put her complaint to her boss in writing, and keep a diary of when the customer harasses her. If at any time, Anika feels physically unsafe, she should seek immediate help. If Anika’s boss fails to do anything to stop the harassment, she could also lodge a complaint in the Equal Opportunity Commission or the Australian Human Rights Commission.
Even though this was a one-off event, it is still harassment. If Trina feels comfortable to do so, she could approach her co-worker and tell him that his behaviour made her feel uncomfortable.
If Trina doesn’t want to speak to her co-worker personally, she could approach her manager or HR department to report the behaviour.
If Trina chooses not to do anything at this stage, she should make a note of the time and date of the harassment and keep a diary if anything further happens, in case she wishes to take action in the future.
Even if you have had a previous relationship with someone at work, you do not have to put up with sexual harassment from that person. You may decide to try to speak to the person harassing you and explain that it is not appropriate in the workplace. If you don’t feel comfortable doing this, or if they won’t stop, you should report the harassment to your boss. Your boss should take your complaint seriously and take steps to prevent it from happening again.
Paige could make a complaint to the Equal Opportunity Commission or the Australian Human Rights Commission about the harassment. If her boss cuts her shifts instead of addressing Tom’s behaviour, she could make a General Protections claim in the Fair Work Commission.
If you have been sexually harassed at work, firstly make sure you are safe and have support, and call us or your Union for legal advice about your situation.
How can the Working Women’s Centre Help?
We can:
Where else can I go for help?
Other organisations that may be able to help include your union, the Australian Human Rights Commission and the Equal Opportunity Commission.
If you are not already a member of a union, ring SA Unions on (08) 8279 2222 to find out which union to join.
Australian Human Rights Commission: The Respect@Work Portal has resources for both employees and employers. Phone: 1300 369 711 Web: www.humanrights.gov.au
Equal Opportunity Commission: Phone: (08) 8207 1977 Web: www.eoc.sa.gov.au
Making a Sexual Harassment complaint is a serious matter.
Other service providers
If your life or someone else’s life is in immediate danger, phone 000 (triple zero).
This story is about our fight to save the Working Women’s Centres in the NT and Queensland. It was published by The Saturday Paper on 22 May 2021.
Find the full story here.
Despite this month’s federal budget pledging $3.2 billion to women, a critical front-line service has lost much of its funding and will likely close before the end of the year.
We are pleased to announce major political parties have engaged the Working Women’s Centres to assist with workplace training. Since February, multiple political offices have contacted us to book our training ‘Preventing and Responding to Sexual Harassment’ and ‘When violence comes to work.’ This parties include:
We are pleased that political parties are taking proactive steps to prevent sexual assault in their offices by booking our training programs.
We will be working with Federal Labor and SA Labor over the next 6 months to roll out training for MPs, staff and volunteers.
Over May, the Working Women’s Centers educators travelled to Canberra to train all Federal Labor Chief of Staffs in the prevention of sexual harassment in the workplace. We are in the process of rolling out training for federal Labor offices across the country.
The Working Women’s Centre’s will also provide prevention of sexual harassment training to the Prime Minister and Cabinet department in the coming month. We have a long training relationship with the PMC team.
In South Australia, the SA Labor party passed a motion that commits to ensuring all South Australian Labor Members of Parliament, their staff, elected party officials, office bearers, campaign coordinators and campaign managers will undertake mandatory unconscious Bias training, Preventing and Addressing Sexual Harassment training and Bullying training within the next six months.
Further Senator Wong’s office has booked the suite of Working Women’s training program to be conducted in early July 2021.
We urge all states and territory governments and political parties to do the same. Leadership comes from the top.
Training programs
We encourage all political parties’ and employers to contact the Working Women’s Centres to discuss our training programs. In February 2021, after the allegations of sexual violence and harassment in Parliament House and political parties, we wrote to all political parties, their leaders in every state and territory to encourage them to take the crucial step of engaging workplace training. A previous media release about our correspondence with political parties can be found: here: https://wwcsa.org.au/call-for-all-political-parties-to-undertake-training-on-workplace-sexual-harassment/
Quotes attributable to Abbey Kendall, Director of the South Australian Working Women’s Centre.
“Workplace training is crucial to eliminating violence against women in the workplace and the community. The training must be evidence based, trauma informed and mandatory. We wrote to every political party in the country asking them to lead in this area and we are really pleased that our training programs have been taken up.“
Working Women’s Centre Training Officer Cassandra Deon-Wierda says
“Workplace training and education programs are a vital tool to improving organisational and team culture. Through action based and cooperative learning staff can become empowered and confident in their skills, knowledge, and communication with one another. As we start to gain a better understanding of the intersection of unconscious bias and serious issues within the work environment, the need for employers to maintain an inclusive environment committed to equity and respect are essential.“
Despite our crucial work, Working Women’s Centre’s in NT and QLD are in a funding crisis. We are asking the federal government to save the NT and QLD WWC and establish Working Women’s Centre’s in every state and territory in line with recommendation 49 of the Respect@Work Report. Media releases about this fight can be found here: https://wwcsa.org.au/media/media-releases/
Unless the Federal Government steps and provides ongoing and sustainable funding to the NT and QLD Working Women’s Centre, they will not be able to provide this crucial training.
In the Northern Territory –the NT Working Women’s Centre continues to receive requests for workplace training in a broad range of areas including sexual harassment, domestic and family violence and bullying. ‘All Work Aware training has a violence prevention focus. It is intended to provide safer workplaces by assisting employers/employees understand the issues and how to better respond and support workers on the ground. It is about changing the culture and making workplaces fair and safe for all, proofing your organisations against avoidable risks.’ To date, we have delivered training to a number of Government departments, not for profits and small businesses. It would be helpful if Working Women’s Centres training was available more broadly to workplaces, that we could be funded to roll this out to workplaces across Australia and not just to those who can afford it.
WWC SA Director – Abbey Kendall – 08 8410 6499 – reception@wwc.org.au
WWC NT Director – Nicki Petrou
WWC QLD Director – Fiona Hunt
The Working Women’s Centres call on the Federal Government to immediately take action and fund the Northern Territory and Queensland Working Women’s Centres.
The funding and establishment of Working Women’s Centres in every Australian state and territory is essential to addressing workplace sexual harassment, and forms a key part of the Respect@Work report, appearing at recommendation 49.
The recommendation is that ‘Australian governments provide increased and recurrent funding to working women’s centres, to provide information, advice and assistance to vulnerable workers who experience sexual harassment, taking into account particular needs of workers facing intersectional discrimination.’
The Federal Government has agreed to this recommendation in the Roadmap for Respect. However, the government has failed to provide certainty as to its funding commitment or timeframes around these discussions.
We cannot wait. The Northern Territory and Queensland WWCs have 10 weeks to find funding or face the prospect of closing. This will be devastating to working women in QLD and the NT and it will fly in the face of the federal governments promises to address gendered violence in the workplace.
The Government must act now and immediately fund the NT and QLD services. Our clients, communities and working women are depending on us. Working Women are depending on the government to save their services, who work and understand the local environment and the challenges in which they live and work.
Funding Working Women’s Centres is an easy, immediate and tangible solution for the prevention of sexual violence. This is the first test for the new Attorney General and the federal government since their response to the Report’s 55 recommendations.
Experts and leaders in gender equity regularly talk about the Working Women’s Centre holistic model as world leading. WWCs form the backbone of the fight to eliminate gendered violence in our workplaces and the community.
Director of the QLD Working Women’s Centre Fiona Hunt says: “All women deserve safe workplaces and someone to champion them when they are treated unfairly. WWC QLD works with the most vulnerable women in QLD to keep them employed, to get what they are entitled and to walk away fairly if needed.”
Director, of the NT WWC Nicki Petrou says: “In a climate when women’s safety at work has again hit the headlines, when the Federal Government has committed to building women’s workforce participation, economic security and making women’s homes and workplaces safe, funding specialist women’s services such as the Working Women’s Centres who are here now continuing to do the work, in supporting women with workplace issues and throughout COVID is especially critical. This also makes good sense.”
Director of the SA WWC Abbey Kendall says: “The South Australian WWC is a great example of what a secure and funded and working women’s center can do for workplaces, vulnerable people and working women. We make a big impact in South Australia but we need a national approach to this issue. We need an alliance of well funded Working Women’s Centres in every state and territory and the first step to achieving that is to save the NT and QLD centres”.
WWC NT Director – Nicki Petrou,
WWC QLD Director – Fiona Hunt
WWC SA Director – Abbey Kendall
The Working Women’s Centres are not-for-profit organisations which providefree advice, representation and support to vulnerable, workers about their rights at work. Additionally, the WWC’s advocate for systemic change to improve women’s workplace conditions and safety, and offer a range of free and fee for service training for workers and employers about workplace rights. This includes bullying, sexual harassment, and appropriately responding to disclosures of domestic violence.
There are currently 3 WWCs across the country (SA, NT and QLD). The only WWC with secure funding is WWC SA with the QLD service now a program of the Basic Rights Centre following non continuation of its funding 4 years earlier.
The Working Women’s Centre is made up of three arms:
Industrial/Legal support – we provide advice and representation to vulnerable workers who contact the Centre with work issues through 1:1 clinic appointments
Advocacy – we conduct advocacy to resolve systemic issues that affect women and other vulnerable workers, such as sexual harassment and precarious work
Education – we provide fee-for-service and free training for workers and employers about workplace rights. This includes bullying, sexual harassment, and appropriately responding to disclosures of domestic violence.
Core practices of the WWC
The Working Women’s Centre model is unique due to the combination of a number of core practices.
This article was published by Glam Adelaide 16 March 2021.
Read the full article and see the photo on Glam Adelaide’s Website
March participants congregated at midday in Victoria Square to hear speeches before heading down to North Terrace.
Hosted by March 4 Justice, the event championed inclusion, and people of all genders were in attendance.
“The March is not just for women. It’s for everyone who wants an end to gendered violence – people from all backgrounds are welcome,” they say.
Working Women’s Centres – the first point of contact for women experiencing sexual harassment in the workplace – received just $200,000 in the Federal Budget.
“We are experts in preventing and addressing workplace sexual harassment and violence through one-on-one support, training and advocacy. The NT and QLD Working Women’s Centres are experiencing a funding crisis, yet only $200,000 was delivered in the Federal Budget. This represents only interim funding. How long can we wait for funding certainty?” said Nicki Petrou, Director of the Working Women’s Centre NT.
“Despite our long and proud history of supporting women workers and advocating for fairer and safer workplaces, we continue to battle for funding to keep our doors open.
“This is a huge missed opportunity for the Prime Minister to show a commitment to tackling workplace sexual violence. There is a massive unmet need for our services. Funding Working Women’s Centres is an easy, immediate and tangible solution for the prevention of sexual violence and provision of direct specialist support to women across Australia.
“In 2016, the Queensland Working Women’s Centre was defunded by the federal government and in 2020 we lost funding for the NT Working Women’s Centre. This Government has not provided any funding certainty in the Budget. This is disappointing to working women across Australia who are in desperate need of support.
“The Working Women’s Centre model is world-leading. We are the backbone of the struggle against workplace sexual harassment and violence. The voices of working women have not been heard. Survivors all over the country are speaking out, yet the “women’s budget” doesn’t adequately support survivors of sexual violence in the workplace. Scott Morrison has failed working women.”
“A key recommendation of the Respect@Work report – Recommendation 49 – was to fund Working Women’s Centres in every Australian state and territory. This is because our world-leading model is proven. Working Women’s Centres allow women to access free information and advice from specialist services when they experience sexual harassment at work,” said Nikky Candy, Director of the Working Women’s Centre SA.
“When a woman experiences sexual harassment at work they face very complex, personal choices. Being armed with the facts about their options empowers them at a time when they are incredibly vulnerable. Women should not have to make a decision between their safety and economic livelihood. This funding decision will leave vulnerable women even more vulnerable.”
“The Prime Minister has failed the test when it comes to tackling sexual violence in the workplace, especially for women in the NT who face the prospect of being left without specialised support in a matter of months. Funding the NT and QLD centres would have cost approximately $1.4 million per year, but instead, the government has only provided $200,000 in the budget to be split across both Centres.
“This $200,000 is not enough to save the NT Working Women’s Centre, which faces the prospect of closure after 1 July 2021. Both the NT and QLD Working Women’s Centres will have to turn away women in need of support and representation.”
“We are a much needed safety net for all Australian women to be supported at work. The government agreed with Recommendation 49 in their Roadmap to Respect, but has not yet done what is required to save the Working Women’s Centres,” said Fiona Hunt, Director of the QLD Working Women’s Centre.
MEDIA CONTACTS:
WWC QLD Director – Fiona Hunt
WWC NT Director – Nicki Petrou
WWC SA Director – Nikki Candy
Notice of press conference
WEDNESDAY 12 MAY, 11:15AM
Senate Courtyard, Australian
Parliament House
| WHAT: | Lawyers and advocates respond to defunding of Working Women’s Centres |
| WHEN: | 11:15AM
Wednesday, 12 May 2021 |
| WHO: | Nicki Petrou, Working Women’s Centre NT Director
Fiona Hunt, Working Women’s Centre QLD Director |
| WHERE: | Senate Courtyard
Australian Parliament House, Canberra |
| MEDIA
CONTACT: |
Nicki Petrou, WWC QLD Director
Fiona Hunt,WWC NT Director Nikki Candy, WWC SA Director |
Two out of five Australian women experienced sexual harassment at work in the past five years. Despite this national crisis, Prime Minister Scott Morrison has refused to commit to funding the services that provide a first-point-of contact for women who are sexually harassed at work.
“Working Women’s Centres provide free, expert and impartial information to women about their rights and options when they are sexually harassed at work. The Queensland Working Women’s Centre was defunded by the federal government in 2016 and NT Working Women’s Centre was defunded in 2020.” said Fiona Hunt, Director of the Queensland Working Women’s Centre.
“The Respect@Work Inquiry specifically recommended that the Prime Minister do the opposite. It proposed we be funded to establish a Working Women’s Centre in every state and territory.
“We run on the smell of an oily rag, but the services we provide change women’s lives every day. Many women don’t know where to turn when they experience sexual harassment at work. They face difficult decisions and often face choosing between their safety and their livelihoods.
“The model is proven. We provide free information to women and already there is a huge unmet need. It’s absurd that we are now faced with closing the Northern Territory and Queensland Working Women’s Centres when the Respect@Work Report said we should operate in every state and territory.
“It would cost approximately $20,000,000 to properly establish and fund Working Women’s Centres in every state and territory. Given workplace sexual harassment costs the economy more than $2.6 billion per year, this is a drop in the ocean.
“We help women from all walks of life understand their rights and options. Our staff are experts in workplace law and trained in working with vulnerable clients. We also offer workplace training on preventing sexual harassment, which changes workplace culture.
“Recently, we have assisted a young woman who was working in a male dominated industry and was subject to unwanted sexual advances and touching during her probationary period. When she complained she was dismissed. We represented her to make a sexual harassment discrimination complaint, and she won substantial compensation. We receive hundreds of calls from women in similar situations who need our help,” said Fiona Hunt.
Nicki Petrou, Director of the NT Working Women’s Centre said: “In a climate when women’s safety at work has again hit the headlines, when the Federal Government has committed to building women’s workforce participation, economic security and making women’s homes and workplaces safe, funding specialist women’s services such as the Working Women’s Centres who are here now continuing to do the work, in supporting women with workplace issues and throughout COVID is especially critical. This also makes good sense, including economic sense when you look at the costs.”
“Workplace sexual harassment occurs in every industry, at every level, across every profession, in every region of Australia and cultural group. If Prime Minister Scott Morrison is genuine about acting to prevent sexual harassment he must immediately reverse the current funding situation for at risk Working Women’s Centres and invest seriously in women’s specialist services to appropriately respond to these issues.” said Nicki Petrou.
WWC NT Director – Nicki Petrou
WWC QLD Director – Fiona Hunt
WWC SA Acting Director – Nikki Candy
Please note that this is general information & may not be relevant to your particular matter. This toolkit should not be taken as legal advice.
When applying for a new job it is important to understand exactly what type of employment relationship you may be entering. There can be serious legal consequences if the employment relationship is incorrectly labelled. For example, some job advertisements might state the position available is for an independent contractor when the true nature of the position is really an employee. Independent contractors and employees have different obligations and rights in relation to the work they perform. It is important to know the difference between the two so you can ensure you are receiving all your legal entitlements and that you are complying with any legal obligations.
There are a number of factors that assist in determining the difference between an employee and an independent contractor. In general:
Independent Contractors work for themselves and are their own boss. They set their own fee for the work that they perform and have control of when and how they work. They usually create and supply invoices to receive payment for their work based on the completion of a job. Independent contractors arrange and pay their own taxation and are required to have an Australian Business Number (ABN).
Employees work for someone else and are not running their own business. The employer controls how, where, and when the employee does their work. Employees are often paid by the hour and receive a wage or salary. Employees are not required to pay their own taxation and their employer will deduct taxation and pay it to the Australian Taxation Office (ATO). Employees are entitled to certain types of leave (i.e. long service and parental leave) and superannuation.
Sometimes the true nature of the relationship will be obvious but sometimes a more fulsome analysis of all the circumstances of the working relationship is required.
It is important to note that no single indicator can determine if a person is a contractor or an employee. Each assessment is based on the individual circumstances of the work arrangement in place. Courts always look at the totality of the relationship between the parties when determining the status of a person’s working relationship.
Sham contracting is where a person working as an employee is told they are an independent contractor when they are not. They may be treated like an independent contractor in some ways, for example they may be required to have an ABN, yet have no control over when and how they do their work or how much they get paid.
It is illegal for employers to misrepresent an employee as an independent contractor. Sham contracting is against the law and there are protections for workers who find themselves in sham arrangements.
For example, it is unlawful for an employer to:
Sham contracting is sometimes done on purpose or an employer may have acted carelessly and not fully understood their obligations at law. Sham arrangements are sometimes set up by employers who are trying to avoid responsibility for paying legal entitlements due to employees such as annual leave or superannuation.
It is unlawful for an employer to pretend that they are offering a person a job as an independent contractor when the position actually involves entering into an employment contract. Before accepting a position like this, you should ask more questions about the true nature of the position and get some advice.
Have a read through these case studies for further guidance on how to spot a sham contracting arrangement:
Stevie was offered a job in a beauty salon as a Beauty Therapist. Stevie is qualified to provide a full range of beauty treatments. Stevie was told she needed an ABN and would need to arrange to pay her own tax. Stevie was told she would be paid $25 per hour and would be given four shifts per week. Her shift times were in line with the salon’s opening hours which were 9am to 5:30pm. She was given a uniform with the Beauty Salon’s logo which she was required to wear. Stevie was told to book and perform nail treatments only. The beauty salon owner told her she would need to bring in her own customers and generate patronage.
Stevie is an employee. She has no control over where, when and how she worked. Even though she was told she needed an ABN and was required to pay her own tax, she was not running her own business and had no control over her work. Stevie may be entitled to a higher rate or pay and superannuation.
Asma is an Electrician and performs work on a residential building site for a large building company called BuildPro. BuildPro engages Asma to wire the new house they have built. Asma gives Buildpro a quote for the job and says she will invoice BuildPro when the work is complete. BuildPro asks Asma to finish the job in three months. The job is too big for Asma to complete alone so she engages another worker to do the job with her. Asma has an ABN and has undertaken to work six days per week from 7am to 3pm to get the job finished.
Asma is an independent contractor. She determined her fee for the work and invoiced BuildPro accordingly. Although BuildPro requested the work be done within three months, Asma was able to determine her hours of work and was able to employ someone else to delegate work to. Asma is running her own business and had control over many aspects of the job which all indicate she was an independent contractor.
Media Statement
22 April 2021
The Working Women’s Centres call on the Federal Government to immediately take action and fund the Northern Territory and Queensland Working Women’s Centres.
The funding and establishment of Working Women’s Centres in every Australian state and territory is essential to addressing workplace sexual harassment, and forms a key part of the Respect@Work report, appearing at recommendation 49.
The recommendation is that ‘Australian governments provide increased and recurrent funding to working women’s centres, to provide information, advice and assistance to vulnerable workers who experience sexual harassment, taking into account particular needs of workers facing intersectional discrimination.’
The Federal Government has agreed to this recommendation in the Roadmap for Respect. However, the government has failed to provide certainty as to its funding commitment or timeframes around these discussions.
We cannot wait. The Northern Territory and Queensland WWCs have 10 weeks to find funding or face the prospect of closing. This will be devastating to working women in QLD and the NT and it will fly in the face of the federal governments promises to address gendered violence in the workplace.
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The Government must act now and immediately fund the NT and QLD services. Our clients, communities and working women are depending on us. Working Women are depending on the government to save their services, who work and understand the local environment and the challenges in which they live and work.
Funding Working Women’s Centres is an easy, immediate and tangible solution for the prevention of sexual violence. This is the first test for the new Attorney General and the federal government since their response to the Report’s 55 recommendations.
Experts and leaders in gender equity regularly talk about the Working Women’s Centre holistic model as world leading. WWCs form the backbone of the fight to eliminate gendered violence in our workplaces and the community.
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Director of the QLD Working Women’s Centre Fiona Hunt says: “All women deserve safe workplaces and someone to champion them when they are treated unfairly. WWC QLD works with the most vulnerable women in QLD to keep them employed, to get what they are entitled and to walk away fairly if needed.”
Director, of the NT WWC Nicki Petrou says: “In a climate when women’s safety at work has again hit the headlines, when the Federal Government has committed to building women’s workforce participation, economic security and making women’s homes and workplaces safe, funding specialist women’s services such as the Working Women’s Centres who are here now continuing to do the work, in supporting women with workplace issues and throughout COVID is especially critical. This also makes good sense.”
Director of the SA WWC Abbey Kendall says: “The South Australian WWC is a great example of what a secure and funded and working women’s centre can do for workplaces, vulnerable people and working women. We make a big impact in South Australia but we need a national approach to this issue. We need an alliance of well funded Working Women’s Centres in every state and territory and the first step to achieving that is to save the NT and QLD centres”.
Media contacts:
WWC NT Director – Nicki Petrou, – 08 8981 0655 - nicki@ntwwc.com.au
WWC QLD Director - Fiona Hunt, 07 3847 5532 - fionah@brq.org.au
tor Abbey Kendall, 08 8410 6499, abbey@wwc.org.au
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Background on WWC
The Working Women’s Centres are not-for-profit organisations which providefree advice, representation and support to vulnerable, workers about their rights at work. Additionally, the WWC’s advocate for systemic change to improve women’s workplace conditions and safety, and offer a range of free and fee for service training for workers and employers about workplace rights. This includes bullying, sexual harassment, and appropriately responding to disclosures of domestic violence.
There are currently 3 WWCs across the country (SA, NT and QLD). The only WWC with secure funding is WWC SA with the QLD service now a program of the Basic Rights Centre following non continuation of its funding 4 years earlier.
The Working Women’s Centre is made up of three arms:
Industrial/Legal support – we provide advice and representation to vulnerable workers who contact the Centre with work issues through 1:1 clinic appointments
Advocacy – we conduct advocacy to resolve systemic issues that affect women and other vulnerable workers, such as sexual harassment and precarious work
