Class Action Alleges Widespread Sexual Harassment and Sex Discrimination at Fortescue Mining Sites
Fortescue is facing a Federal Court class action alleging decades of systemic sexual harassment, sexual violence, sex discrimination and hostile workplace conditions affecting female workers at its remote mining operations and accommodation villages. The claim includes allegations from women who worked across Fortescue sites between 1 February 2006 and 5 December 2025.
The allegations include unwanted sexual comments, inappropriate touching, sexual assault, harassment, retaliation following complaints and gender-based discrimination. Some workers reported being warned against using on-site laundries due to alleged theft of female underwear, while others described being subjected to degrading comments, exclusion from workplace opportunities and unsafe conditions at remote worksites. The class action alleges that employers may be liable under the Sex Discrimination Act 1984 (Cth) where they permit workers to operate in environments where they are likely to be exposed to sexual harassment or discrimination. Fortescue has stated that sexual harassment, unlawful discrimination and unsafe workplace behaviour have no place in its operations and that it remains committed to improving workplace safety and inclusion. The proceedings are the latest in a series of mining industry class actions following similar claims against other major mining companies, highlighting the ongoing importance of preventing sexual harassment and addressing psychosocial risks in traditionally male-dominated industries.
Fair Work Commission Confirms Workers May Pursue Multiple Claims Arising From Workplace Harassment
The Fair Work Commission has confirmed that workers may pursue multiple legal claims arising from alleged workplace harassment and discrimination where the claims do not relate to the same conduct. In a recent case, the applicant worked for Sentinel Community Services until her dismissal in June 2025. During her employment, she made complaints alleging bullying, inappropriate conduct and sexual harassment by colleagues, while Sentinel separately investigated allegations of misconduct against her, which resulted in her dismissal.
After commencing complaints with multiple bodies, including the Australian Human Rights Commission and the FWC, Sentinel argued the claims were prohibited as they arose from the same circumstances. The FWC rejected this argument, finding the claims involved different conduct and could proceed concurrently. The decision highlights that multiple workplace claims are not automatically prevented where they involve overlapping events, and employers may need to manage complaints across multiple jurisdictions.
Victoria Restricts the Use of Non-Disclosure Agreements in Workplace Sexual Harassment Matters
Victoria’s Restricting Non-Disclosure Agreements (Sexual Harassment at Work) Act 2025 commenced on 1 July 2026, introducing significant restrictions on the use and enforceability of non-disclosure agreements (NDAs) relating to workplace sexual harassment. Under the new laws, NDAs will generally only be enforceable where they are requested by the complainant, entered into voluntarily without undue influence or pressure, and comply with prescribed procedural requirements.
The legislation also ensures complainants can make certain permitted disclosures, including to legal advisers, family members, medical practitioners and prospective employers. In addition, complainants may terminate the confidentiality provisions of an NDA after 12 months, and employers are prevented from relying on NDAs to restrict investigations into workplace sexual harassment or, in some circumstances, from disclosing substantiated findings to a respondent’s prospective employer. The reforms are intended to give complainants greater control over confidentiality arrangements while promoting transparency and accountability in responding to workplace sexual harassment.
Report Finds Both Younger and Older Workers Face Age-Based Discrimination and Exclusion
A new report from the Australian Human Rights Commission and Diversity Council Australia has found that workers experience age-based discrimination and exclusion at different stages of their careers. The report, Age, Assumptions and Access at Work: Employee Experiences of Age Inclusion in the Workplace, highlights the need for employers to address age stereotypes and adopt more inclusive workplace practices.
Key findings include:
- 39% of younger workers aged 18-29 experienced discrimination or harassment at work in the past 12 months, compared with 27% of mid-aged workers and 19% of older workers.
- Younger workers were more likely to experience sexual harassment, exclusion from workplace activities and assumptions about their abilities.
- Older workers, particularly women, reported reduced access to career development opportunities, mentoring and recognition.
- Age-based exclusion was often compounded by other factors, including gender and caring responsibilities.
The report highlights that age discrimination can affect workers at all stages of employment and recommends that employers improve access to development opportunities, support flexible work arrangements, strengthen complaint processes and challenge age-based assumptions in workplace culture. The findings are a reminder that employers must consider age as part of broader diversity, inclusion and psychosocial risk management strategies.
Court Rejects Supervisor’s Claim Dismissal Was Retaliation for Workplace Complaints
The Federal Circuit and Family Court has dismissed a former supervisor’s general protections claim after finding he was dismissed for bullying and serious misconduct, rather than for exercising workplace rights. The employee alleged that his dismissal was retaliation for making numerous workplace complaints and taking personal leave. The Court found the employer successfully demonstrated that the decision to issue a final warning and terminate the employee was based on the findings of a workplace investigation into bullying, supported by contemporaneous records and investigation reports.
The Court also found that many of the employee’s complaints did not amount to workplace rights under the Fair Work Act 2009 (Cth), and that the investigations themselves did not constitute adverse action because they were conducted in good faith. The decision highlights the importance of thorough investigations, accurate documentation and ensuring decision-makers can clearly explain the legitimate reasons for disciplinary action.
Court Rejects Adverse Action Claim Against BlueScope Following Dismissal During Probation
The Federal Circuit and Family Court has dismissed a general protections claim brought by a former BlueScope Steel recruiter who alleged he was dismissed for making a workplace bullying complaint. The Court accepted evidence that the decision to terminate the employee’s probationary employment had been made before the bullying complaint was lodged. The employer produced evidence of ongoing performance concerns, including missed deadlines, recruitment errors and complaints from internal stakeholders, which had been documented through regular performance discussions. The decision highlights the importance of maintaining contemporaneous performance records and clearly documenting the timing and reasons for disciplinary decisions, particularly where employees later exercise workplace rights.
NSW Police Culture Review Identifies Systemic Bullying, Discrimination and Psychosocial Risks
An independent review into workplace culture within the NSW Police Force has identified systemic issues relating to bullying, discrimination, sexual harassment and harmful workplace behaviours. More than 5,000 current and former employees participated in the review, which found that these issues were embedded in organisational practices rather than isolated incidents.
The review identified concerns including intimidation, verbal abuse, exclusion, micromanagement, racism and a workplace culture where employees felt unable or unwilling to report misconduct. First Nations employees reported experiences of racial stereotypes, lack of cultural safety and offensive behaviour. The NSW Police Force accepted all 29 recommendations from the review, including measures to strengthen leadership, address harmful behaviours, improve recruitment and promotion processes, and enhance employee support. The findings highlight the importance for employers to proactively identify and manage psychosocial hazards, including bullying, harassment and poor workplace culture, as part of their workplace health and safety obligations.
FWC Finds Dismissal Over Workplace Prank Was Harsh Despite Bullying Concerns
The Fair Work Commission has found that an employee was unfairly dismissed after being terminated for creating a workplace prank involving rubber ducks arranged in a pentagram formation. The employer considered the incident to be workplace bullying and a risk to the psychological safety of another employee. The employee arranged the rubber ducks as part of a joke “summoning ritual” and intended to add a larger duck the following day. A manager complained that the prank caused distress, describing the pentagram as a symbol associated with the devil. The employer investigated and dismissed the employee for serious misconduct six days after the incident.
The FWC found that the conduct did not amount to workplace bullying and that dismissal was disproportionate, particularly given the employee’s previously unblemished record, apology and lack of intention to cause harm. The FWC ordered the employer to pay $8,405.76 in compensation. The decision highlights that while employers must address psychosocial risks and workplace safety concerns, disciplinary decisions must still be supported by a proper investigation and a fair assessment of whether the conduct justifies dismissal.
NSW Government Guidance Highlights Challenges in Managing Employee Social Media Conduct
Public sector employers face challenges when managing employee social media activity, particularly where personal comments may affect workplace relationships, public confidence or psychosocial safety. NSW public sector employees may be protected when engaging in public or political activities, but these protections may not apply where conduct interferes with their duties or contributes to workplace risks such as bullying, harassment or psychosocial hazards. Employers should carefully assess social media conduct on a case-by-case basis, considering relevant employment obligations, codes of conduct, workplace policies and work health and safety duties. It recommends reviewing social media policies to ensure they appropriately balance employees’ rights to participate in public discussion with the employer’s obligation to maintain a safe and respectful workplace.
The Prime Minister Should Know Better
Prime Minister Anthony Albanese apologised after comments on the Bush Deep podcast, where he participated in a “shag, marry, date” game involving Kylie Minogue, Nicole Kidman and Rhonda Burchmore, saying he would choose “all of the above” with Kylie Minogue. Whether the comments were made in a public entertainment context, or a workplace setting where they would be sexual harassment (under the Sex Discrimination Act 1984 (Cth), sexual harassment can include verbal conduct of a sexual nature where a reasonable person would anticipate it may offend, humiliate or intimidate another person) they still show a lack of respect for women and minimise their achievements to that of a sexual object.
The Report Highlights Barriers Preventing Women Engineers From Remaining in the Workforce
A new report from Engineers Australia and WSP has found that Australia is failing to retain many qualified female engineers, with workplace barriers limiting women’s progression through mid-career stages. The report, Australia’s Untapped Workforce, found that although Australia has more than 69,000 qualified female engineers, only around 34,000 are working directly in engineering roles.
Key findings include:
- 20% of mid-career women engineers work part-time compared with 8% of men.
- Female representation declines by around 1% each year through the middle stages of an engineering career.
- The gender pay gap in Professional Scientific and Technical Services remains above the all-sector average.
The report highlights that challenges such as parental leave transitions, limited flexibility and reduced career development opportunities contribute to women leaving the profession. It recommends employers improve workforce practices, career progression pathways and flexible work arrangements to retain experienced female talent and address ongoing gender inequality in engineering.
Report Highlights Ongoing Barriers to Workplace Flexibility for Working Parents
A new report has found that many working parents continue to feel pressure to justify requests for workplace flexibility, with some employees using childcare responsibilities as a reason to leave work early rather than openly requesting flexibility. The report found 45.9% of working fathers had used their children as a reason to leave work early, compared with 26.8% of working mothers. It also found some parents avoid disclosing family responsibilities during recruitment due to concerns they may be viewed less favourably by employers.
The findings highlight the importance of creating workplace cultures where employees feel comfortable discussing caring responsibilities and accessing flexible work arrangements. Employers should also be cautious when asking candidates about family circumstances during recruitment, as discrimination based on family or caring responsibilities may breach anti-discrimination laws.
EEO Specialists works with organisations to enable safe and respectful workplaces. We offer a range of in-person workshops as well as online courses.
If you would like to have a confidential discussion about workplace behaviour and compliance, please call Franca Sala Tenna on 0405 134 187 or email franca@equalopportunitytraining.com.au