New legislation mandates the setting of equality targets
Amendments to the Workplace Gender Equality Act 2012 (Cth) have now been passed by parliament, mandating employers with over 500 employees to set and report on gender equality targets.
The amendments require employers in both private and public sectors to set three gender equality targets, with a 3-year timeframe to achieve or make progress on them. Among the areas that employers can choose are:
- Gender pay gap
- Workforce and board composition
- Support for carers and parents
- Consultation
- Prevention of sexual harassment
Private sector employers may select their targets for the 2025-26 Gender Equality Reporting between April 1 and May 31, 2026. The public sector submission period will begin in September 2026.
Employers who fail to select or make progress on their targets may not be able to tender for certain Commonwealth contracts and can be publicly named. The Workplace Gender Equality Agency will publish each employer’s outcomes at the end of the reporting period.
Landmark psychosocial risk prosecution withdrawn
SafeWork NSW has withdrawn a landmark psychosocial risk prosecution against Western Sydney Local Health District (WSLHD). The prosecution commenced in 2022, with SafeWork alleging that WSLHD failed to manage psychosocial risks when responding to and investigating complaints, concerns and grievances made about and by two nurses.
Although the court was not required to make any determination about the steps that should be taken by an employer to avoid stress becoming a risk of psychological injury, it was noted that complaint and grievance handling processes are ‘inherently stressful’.
Accordingly, HR professionals should be conscious of the impact of such processes on individual employees and ensure that their actions are reasonable and lawful. The SafeWork NSW Code of Practice on Managing Psychosocial Hazards at Work includes a section on reasonable management action, which states that “reasonable management action, when carried out lawfully and in a reasonable way, is a legitimate way to manage workplace behaviours”.
This case reminds employers to remain across guidance material prepared by regulators on how best to manage this type of risk in the changing landscape.
Bullying or reasonable management action?
In the 2023–24 financial year, only 10% of Stop Bullying applications resulted in a decision by the FWC. Of these decisions, 73% resulted in a dismissal, meaning only 16 applications were heard and only one Stop Bullying Order was issued. This raises significant questions as to what constitutes bullying in the context of the Fair Work Act, and what will be considered reasonable management action.
A recent decision from the FWC’s Stop Bullying jurisdiction has helped to address the question. The employer had followed a structured and appropriate process including informal management, formal performance management, implementation of a performance improvement plan, written expectations, a meeting with notice, and ultimately, a written warning.
Although ultimately successful, this case demonstrates how employers face significant costs in defending claims, even when their management actions are deemed reasonable. Employers and HR professionals should ensure robust management processes are in place in assessing employee performance to avoid such challenges.
Two Victorian employers fined for sexual harassment
WorkSafe Victoria recently fined two Victorian employers for failing to ensure their workplaces were safe and without risks to health.
The sole director of an electrical contracting company has been convicted and fined $15,000 over bullying, sexual harassment and gendered violence directed at a young female apprentice. The court also ordered him to pay $3,000 in costs and issued an adverse publicity order requiring him to publicise the offence, its consequences and the penalty imposed in two industry publications.
A painting company that failed to intervene while a manager subjected a worker to sexual harassment has also been fined $90,000.
The court found in both cases that there were no policies or procedures implemented in either workplace to deal with sexual harassment or inappropriate behaviour.
WorkSafe Victoria releases new guidance on gendered violence in workplaces
WorkSafe Victoria has developed a new guidance to help employers understand and meet their occupational health and safety (OHS) obligations to prevent and respond to gendered violence.
The guidance provides examples to illustrate the spectrum of gendered violence that may occur in the workplace – from making disparaging jokes about someone’s sexuality to instructing staff members to wear more revealing clothes.
Sam Jenkin, executive director of health and safety at WorkSafe Victoria, revealed that they received over 500 calls last year to report and seek support for incidents of gendered violence or sexual harassment in the workplace. He says that workplaces with unequal power distribution along gendered lines, or where there is a culture of sexism, homophobia, and violence or aggressive behaviour, run a higher risk of enabling such conduct. He outlined key steps employers should take in preventing gendered violence, including:
- Identifying risks by reviewing workplace data, environments, and practices and policies.
- Eliminating or minimising risks by improving workplace policies, making reporting safer, ensuring flexible work arrangements are fair; and creating a culture where discrimination and harassment are not tolerated.
University of Melbourne dismisses six people for sexual misconduct
The University of Melbourne’s annual Sexual Misconduct Report has revealed that Complaints against staff for sexual misconduct tripled in the past year. 6 people were dismissed following the investigations.
The University stated that they view increased reporting as a positive outcome of efforts to build trust in their systems.
Employers are reminded that they may be held liable for employee’s acts of sexual harassment unless they have taken all reasonable steps to prevent them from taking place. This includes having an appropriate sexual harassment policy that is effectively implemented, monitored and communicated to employees, and taking appropriate remedial actions if sexual harassment does occur. Employers must also have effective complaint procedures for employees.
Building and construction sector investigated for sexual harassment
On March 20, 2025, the Fair Work Ombudsman launched an urgent investigation into claims of sexual harassment within the building and construction sector. It follows recent media reporting which exposed instances of violence, intimidation, and coercive conduct against women in the industry.
These developments highlight the critical importance for employers, across all industries, to take proactive steps to audit their operations to ensure compliance with legislative obligations, including the positive duty to eliminate sexual harassment in the workplace.
It also follows on from the recent release of the Cth WHS (Sexual and Gender-based Harassment) Code of Practice 2025.
Review into workplace sexual violence reporting shows failures
An independent review into protections against workplace sexual violence within Queensland Health has found the reporting system falls short on victim support, with some reports taking more than a year to resolve.
The report found that the framework creates an inflexible and impersonal system aimed to minimise legal liability and reputational risk. It found that one in five complaints took over 200 days to resolve, with one taking over two years to finalise.
Additionally, three in four leaders had not completed training on how to handle reports from their team and how to act when they witnessed sexual assault or harassment in the workplace.
Queensland Health is expected to act on the recommendations given, including better training for leaders and a focus on victim support.
Workplace concerns that undermine psychological safety
The latest Psychological Safety Study from Workplace Options revealed a range of workplace concerns that consistently undermine psychological safety in 18 countries. In Australia, the top workplace concerns are job performance, work-life balance, and workload.
Addressing these workplace concerns will require organisations to have open conversations with their employees, according to Alan King, CEO of Workplace Options. Other measures may include reaching out to consultants or implementing employee engagement measures, such as carrying out surveys. These strategies enable employers to better understand the causes of workplace stressors and to address the issues appropriately.
New campaign to curb work related aggression and violence
Data from WorkSafe Victoria revealed that 316 workers suffered mental injuries last year because of incidents of work-related aggression or violence.
The Victorian Government aims to address this with a new campaign to reduce work related aggression and violence toward employees in public facing roles. WorkSafe Victoria has provided a range of materials for employers to learn about the issue, including posters and examples of unacceptable behaviour.
Employers should be mindful of the fact that employee exposure to workplace aggression and violence may constitute a psychosocial hazard. This is particularly relevant in customer facing roles such as retail and hospitality.
NSW releases mental health strategy for first responders
A new strategy to address mental health and wellbeing for first responders has been rolled out by NSW in the wake of high incidents of mental stress claims from the group.
SafeWork Australia reported last year that a third of all serious claims for exposure to traumatic events came from employees in the public administration and safety sector, including those working in police services, investigation and security, fire protection, emergency services, and correctional and detention services.
Workplace mental ill health is estimated to cost Australian businesses up to $39 billion each year, highlighting the need to promote a mentally healthy workplace. The new measures will involve:
- Requirement for agencies to implement psychological first aid training for all employees to better support individuals impacted by traumatic events.
- Offering timely and appropriate clinical care referrals to employees impacted by traumatic incidents.
- Establishing a peer-support service that is informed by evidence-based, trauma-informed training programs tailored to the specific needs of first responders.
These measures will likely help employers in the sector to comply with their obligation under Work Health and Safety Regulations to minimise risks associated with psychosocial hazards.
‘Sex pest’ barrister ordered to pay costs
The alleged ‘sex pest’ barrister who was accused of making uninvited advances towards a junior solicitor has been ordered to shoulder the costs of a failed application to keep his identity a secret.
The Legal Profession Conduct Commissioner (LPCC) laid charges of sexual misconduct against Enzo Belperio in 2022, which were thrown out by the Legal Practitioners Disciplinary Tribunal (LPDT) on the grounds that it did not have the jurisdiction.
On appeal, the decision was reversed by the Supreme Court in August 2024 and Belperio’s name was anonymised in that decision. However, several months later, the Supreme Court found there was ‘substantial interest’ to legal practitioners and the public to have his identity revealed.
In the costs judgement handed down on 20 March 2025, the court ordered Belperio to pay the costs incurred by the LPCC in his suppression application. The disciplinary matter is ongoing, with the charges remitted back to the LPDT for review.
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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