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For many workers, particularly women, workplace sexual harassment is a deeply harmful psychosocial hazard. Its impacts are long-lasting, affecting mental health, job satisfaction, and overall wellbeing. But the impact goes beyond the harassment itself.
The widespread use of Non-Disclosure Agreements (NDAs) in workplace sexual harassment cases continues to undermine safety by silencing victim-survivors and protecting perpetrators. Often presented as a standard condition for resolving such claims, these legal contracts can ultimately cause more harm than good.
A Non-Disclosure Agreement (NDA) is a legal contract that requires someone to keep certain information confidential. In workplace sexual harassment cases, NDAs are often used to prevent victim-survivors from speaking about what happened to them—sometimes indefinitely.
While NDAs are presented as standard legal tools to protect privacy and finalise settlements, in practice, they are often misused, shielding employers and perpetrators while isolating victim-survivors. Many workers feel they have no real choice but to sign an NDA to resolve their complaint, secure a settlement, and protect their career.
One in three workers in Australia has experienced sexual harassment in the workplace in the last five years—41% of women, 26% of men, and 67% of non-binary people.[1] This is not a marginal issue. It is Australia’s most widespread workplace safety concern.
Sexual harassment is driven by outdated gender stereotypes and entrenched power imbalances. It happens across all sectors, to people of all ages and backgrounds, and it’s overwhelmingly perpetrated by men (77%). [2]
Workplace sexual harassment causes deep psychological harm. Victim-survivors often experience:[3]
When NDAs prevent people from speaking about their experiences, these harms are exacerbated—isolating workers, inhibiting accountability, and making it harder to heal.
At the Working Women’s Centre SA, we see first-hand the long-term impacts of workplace sexual harassment and NDAs on the careers and lives of workers.
Workplaces have a Positive Duty under the law to proactively prevent sexual harassment—not just respond after harm is done. The routine use of NDAs undermines efforts to create a safe, transparent workplaces.
We are calling on the South Australian Government to restrict and regulate the use of NDAs in workplace sexual harassment matters. NDAs should never be the default.
They should only be used when requested by the victim-survivor, without coercion, and with access to independent legal advice.
NDA reform would:
The Working Women’s Centre SA is campaigning to end the misuse of NDAs and ensure that workers can access justice, healing and the freedom to tell their stories.
[1] [2][3]Source: Time for respect: Fifth national survey on sexual harassment in Australian workplaces, Australian Human Rights Commission, 2022.
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
Abbey Kendall, the Director of the Working Women’s Centre SA, and Caitlin Feehan, lawyer with the Centre, travelled to Canberra on Wednesday (31) to represent the organisation at the Senate Inquiry held at Parliament House. Their purpose was to provide evidence concerning the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023.
The passage of this bill would eliminate the financial risk for women who have experienced sexual harassment and/or discrimination of having to pay the legal costs of their employer when pursuing their claims in the Federal Court. The current financial risk with taking these types of matters to Court is a known deterrent for women when considering whether to pursue their matters past unsuccessful conciliation. By this Bill being passed, it would provide certainty for women to pursue their matters without risking their long-term economic security.
Great work to all the organisations that attended the Senate Inquiry yesterday in support of this important proposed law reform!
