The Working Women’s Centre SA has secured a landmark win in a sexual harassment case: Clarke v Beiler Constructions Pty Ltd as trustee for Fox Trading Trust [2026] FCA 734. Our client Elisa came to us more than three years ago as a single mum, and an apprentice carpenter who experienced sexual harassment while working in the construction industry.
The judgment is the first fully contested Federal Court case to consider the workplace sexual harassment protections introduced into the Fair Work Act 2009 in 2023. It is also a major milestone for the Centre, marking our first Federal Court case.
Elisa showed extraordinary courage and determination, pursuing justice through a challenging legal process that lasted more than three years. By speaking up, she has held her employer accountable and paved the way for others to challenge cultures of sexual harassment.
This landmark decision provides guidance on the new workplace sexual harassment protections and sends a strong message that workplace sexual harassment will be taken seriously.
“The Court accepted the complainant’s evidence in circumstances where there were no other witnesses to the conduct. The Clarke decision sends a powerful message to perpetrators that women will be believed, and perpetrators can be held to account even where the misconduct occurs in isolated or private setting.” said Nikki Candy, CEO of the Working Women’s Centre SA.
Read the full story and learn the significance of this decision: https://wwcsa.org.au/wwc-wins-historic-federal-court-workplace-sexual-harassment-case/
Adelaide, Australia — April, 2026
This International Workers’ Day, we’re asking a simple question: how can workplaces be safe if workers are being silenced?
The Working Women’s Centre Australia is marking May Day by calling for urgent law reform to end the misuse of non-disclosure agreements (NDAs) in workplace sexual harassment and discrimination cases.
Our campaign, “Our Silence Is Not For Sale,” is led by Working Women’s Centre clients and advocates and grounded in what we see every day, women trying to speak up about unsafe workplaces and being asked to stay silent instead.
As CEO of the Working Women’s Centre Australia, it is clear this issue is widespread. Working Women’s Centres across every state and territory are advising and supporting women to understand their rights, that NDAs should not be the default and supporting women to speak up about what has happened to them.
Women who come forward are making incredibly difficult and courageous decisions. Many want to speak out to warn others, stop the behaviour, and make workplaces safer. For many, it is also part of their healing. In our campaign video, victim-survivors are speaking about their experiences and why being able to speak matters.
But too often, they are coerced into silence, to resolve their case, to bring it to an end. To give you an idea of how this coercion occurs, we have included a case study setting out the average experience of a sexual harassment and discrimination case. NDAs are being used to protect reputations, not people.
When we silence women, we stop progress. We can’t fix what we’re not allowed to talk about.
Sexual harassment affects 1 in 3 workers in Australia, yet only 18% report it. [1]And when they do, many are met with NDAs—legal agreements that stop them from talking about what happened.
In fact, almost 7 in 10 lawyers representing workers, and nearly 8 in 10 representing employers, say they have never settled a sexual harassment case without a strict NDA[2].
That’s not a coincidence. That’s a system.
This isn’t just an Australian issue. The #MeToo movement showed how widespread this problem is. Campaigns like Can’t Buy My Silence, in the UK and Canada have also highlighted the harm caused by NDAs and successfully pushed for change around the world.
On May Day, a day built on solidarity, we stand with workers everywhere calling for dignity, safety, and the right to speak up. There’s also a broader cost. Sexual harassment is estimated to cost the Australian economy around $3.5 billion each year. [3]But the human cost is far greater.
Right now, the system discourages people from coming forward. Legal processes are long and exhausting, and very few cases ever reach a public outcome. The misuse of NDAs only makes this worse.
We’re calling for change. Working Women’s Centres across the country are backing the same 14 key legislative recommendations to address these issues.
NDAs should only be used if a victim-survivor wants one—not as a default. They must be regulated so they can’t be used to hide serious workplace harm or silence people indefinitely.
Women deserve the right to tell their stories, to warn others, and to demand better from their workplaces.
We’re inviting you and your colleagues to be part of this campaign.
Help bring visibility to this issue, amplify women’s voices, and drive the national conversation forward.
Media kit available
We’ve developed a media kit to support coverage of the campaign, including:
The campaign video, visual assets, resources, and the 14 key recommendations can be accessed here.
Thank you for your time and we hope to rely on your support in the future.
For further information or to discuss the campaign and its impact, I welcome media enquiries and would be pleased to connect directly.
Abbey Kendall
CEO
Working Women’s Centre Australia
📞 0412 454 900
✉️ abbey@wwc.org.au
[1] Australian Human Rights Commission, Respect@Work: Sexual Harassment National Enquiry Report.
[2] University of Technology Sydney (2022). Let’s Talk About Confidentiality: The Use of Non-Disclosure Agreements in Workplace Sexual Harassment Settlements.
[3] University of Technology Sydney (2022). Let’s Talk About Confidentiality: The Use of Non-Disclosure Agreements in Workplace Sexual Harassment Settlements.
This International Workers’ Day, we are asking a simple question: how can workplaces be safe if workers are being silenced?
A dedicated May Day 2026 webpage is now live and outlines four actions to help spread the message and mobilise support. We encourage all Centres to include these actions on your own websites and channels as part of the broader digital campaign.
Watch our campaign video. Through the voices of victim survivors, Our Silence Is Not For Sale shows the real impact of non-disclosure agreements in cases of workplace sexual harassment and discrimination.
This campaign is led by our advocates and informed by our network of lawyers, educators, and policy leaders. It reflects what we see every day: women trying to speak up about unsafe workplaces and being asked to stay silent instead.
Working Women’s Centre Australia is marking May Day by calling for urgent law reform to end the misuse of non-disclosure agreements in these cases.
If you want to be part of the campaign and help spread the message, there are several ways you can take action to prevent and end workplace sexual harassment and discrimination. Find out more about the May Day 2026 actions here. Find out more here about may day 2026 actions.
This International Workers’ Day, the national body of Working Women’s Centre Australia is launching the digital campaign Our Silence Is Not for Sale. This campaign sets out key escalation points to build external pressure by engaging the public and encouraging action from Government decision makers to end the misuse of non-disclosure agreements.
A dedicated May Day 2026 webpage is now live and outlines four actions to help spread the message and mobilise support. We encourage all Centres to include these actions on your own websites and channels as part of the broader digital campaign.
The campaign video featuring lived experience advocates is now available on the website. Centres are welcome to use it across your digital channels, at conferences, and in meetings with politicians, community groups, unions, partner organisations, and service providers. It can also be used in workshops, community events, training sessions, and local outreach activities. It will also be shared on LinkedIn on May Day. Centres will be tagged and are encouraged to repost the content.
A full digital campaign toolkit is available on the Hub under the NDA campaign folder in the digital campaign section. All materials are ready to download and use, including:
These resources are designed to support a coordinated national approach and make it easy for Centres to participate.
We strongly encourage all Centres to take part in this campaign and help spread the message. You can do this by:
This will support consistent messaging across Centres and increase engagement with the campaign.
If you Centre need any support or would like to discuss how to use these materials, please reach out to the National team.
The call to action in support of our national campaign to end the misuse of NDAs in resolving workplace sexual harassment and discrimination complaints Our Silence is Not for Sale is growing in Australia.
Last week Working Women’s Centre Australia, alongside Working Women’s Centre NSW had the opportunity to speak to the Federal Government at Parliament House on why national legislative reform to address this systemic problem is urgently needed.
We were honoured to be joined by lived experience activist Leanne Kirkaldie who shared her powerful story and insight on the issue and the solution.
Working Women’s Centres across Australia are calling for national law reform that regulates NDAs in the following way:
It gives women agency in their workplace:
Victim/survivors must be given genuine and proper agency when resolving a workplace sexual harassment or discrimination dispute, with the support of an independent lawyer
It stops the silencing of women:
Victim-survivors should be able to disclose and speak about their workplace experiences to their family, friends, support persons, the police, medical and legal advisors, and their trade union. Employers must address issues and take preventative steps to stop sexual harassment and discrimination in the first place. To do this, we have to stop the silencing of women.
It is practical and holistic:
The legislation must provide a pathway for further advocacy to eliminate sexual harassment and discrimination in workplaces. This includes ensuring there is proper resourcing for education, reporting and compliance at an industry and workplace level.
We thank the Federal Government, specifically the Status of Women Caucus Committee, for the opportunity to discuss our key recommendations to regulate the use of NDAs in Australia.
For more information on the campaign and Working Women’s Centre Network’s key recommendations, please visit the NDA campaign page.
The call to action in support of our national campaign to end the misuse of NDAs in resolving workplace sexual harassment and discrimination complaints Our Silence is Not for Sale is growing in Australia.
Last week Working Women’s Centre Australia, alongside Working Women’s Centre NSW had the opportunity to speak to the Federal Government at Parliament House on why national legislative reform to address this systemic problem is urgently needed.
We were honoured to be joined by lived experience activist Leanne Kirkaldie who shared her powerful story and insight on the issue and the solution.
Working Women’s Centres across Australia are calling for national law reform that regulates NDAs in the following way:
It gives women agency in their workplace:
Victim/survivors must be given genuine and proper agency when resolving a workplace sexual harassment or discrimination dispute, with the support of an independent lawyer
It stops the silencing of women:
Victim-survivors should be able to disclose and speak about their workplace experiences to their family, friends, support persons, the police, medical and legal advisors, and their trade union. Employers must address issues and take preventative steps to stop sexual harassment and discrimination in the first place. To do this, we have to stop the silencing of women.
It is practical and holistic:
The legislation must provide a pathway for further advocacy to eliminate sexual harassment and discrimination in workplaces. This includes ensuring there is proper resourcing for education, reporting and compliance at an industry and workplace level.
We thank the Federal Government, specifically the Status of Women Caucus Committee, for the opportunity to discuss our key recommendations to regulate the use of NDAs in Australia.
For more information on the campaign and Working Women’s Centre Network’s key recommendations, please visit the NDA campaign page.
Canberra, ACT – 31 March 2026
The Working Women’s Centre Australia (WWCA) met with the Federal Government in Canberra on 31 March to discuss the misuse of non-disclosure agreements (NDAs) in workplace sexual harassment and discrimination matters, and to advocate for national law reform.
WWCA welcomes the opportunity to engage constructively with the Federal Government on this critical issue, as part of its national campaign Our Silence Is Not for Sale.
The meeting marks a significant step forward in addressing how NDAs are being used to silence victim-survivors and prevent systemic change across Australian workplaces. WWCA is asking the government for national law reform, to ensure that working women across Australia have the choice to speak up.
The issue: Silencing women at work
Across Australia, NDAs are frequently used in workplace sexual harassment and discrimination settlements to restrict workers from speaking about their experiences in the workplace. NDAs are used to silence women, and in many cases, women are unable to even speak to their family or friends about what happened to them.
These clauses, often framed as “confidentiality” or “non-disparagement” terms, can create significant power imbalances and prevent victim-survivors from accessing support, warning others, or contributing to broader cultural change.
In many cases, women have little choice but to agree to an NDA, because the alternative is to continue with their complaint, which is expensive, lengthy and stressful. Many women agree to an NDA and then later regret it.
Employers have a critical role to play in changing this culture. Creating safe, open environments where workers feel able to speak up without fear of retaliation is essential to preventing harassment and discrimination. This includes encouraging early reporting, responding appropriately to concerns, and focusing on prevention rather than silencing issues through confidentiality clauses.
International research and national data continue to highlight the scale of the issue:
The reform opportunity
WWCA is calling for national legislative reform that addresses the misuse of NDAs while ensuring a victim-survivor-centred approach.
Rather than banning NDAs outright, WWCA advocates for safeguards that restore agency to workers and prevent coercive or harmful use. There are occasions where working women will want an NDA and they should be able to have that choice.
The cornerstone of the required change is that victim/survivors be able to choose whether they want an NDA.
Details of WWCA’s proposed reforms are available on the campaign webpage: https://www.wwc.org.au/campaigns/nda-campaign-our-silence-is-not-for-sale/
The proposed reforms align with growing international momentum. Since 2022, countries including the United States , Ireland, the United Kingdom, Canada, as well as the Australian state of Victoria have introduced or passed legislation to regulate NDAs in workplace sexual harassment matters.
Quotes
Abbey Kendall, CEO, Working Women’s Centre Australia:
“We welcome this opportunity to meet with the Federal Government and have a constructive conversation about how we can better protect and empower working women.”
“Silencing women does not prevent harm, it allows it to continue. National law reform is essential to ensure that victim-survivors have a genuine choice and that workplaces are safer for everyone.”
“We see all too often that sexual harassment and discrimination complaints are swept under the table, women are coerced into signing NDAs, and there are no preventative measures put in place to stop it from happening again”
“Victim/Survivors will often say that their goal is to stop it from happening to another woman. We need to change the laws to make it easier for women to speak up,”
Sharmilla Bargon, Legal Director, Working Women’s Centre NSW:
Leanne Kirkaldie, Activist and Electrician:
About the campaign
Our Silence Is Not for Sale is a national campaign led by the Working Women’s Centre Australia, advocating for legislative reform to end the misuse of NDAs in workplace sexual harassment and discrimination matters.
For more information, visit: https://www.wwc.org.au/campaigns/nda-campaign-our-silence-is-not-for-sale/
WWCA is supported in this advocacy by the union movement and the Women’s Alliances, reflecting a growing national consensus that reform is both necessary and overdue.
Media contact for interviews :
Abbey Kendall
CEO
Working Women’s Centre Australia
📞 0412 454 900
✉️ abbey@wwc.org.au
Available for interview coordination on 31 March 2026 and 1 April 2026 in Canberra.
Phone and virtual interviews can be arranged for media outlets nationally.
Across Australia, the Working Women’s Centre Network works with communities through events, outreach, and advocacy to promote safer and fairer workplaces.
We marked International Women’s Day with a range of activities, events, and community conversations—and this work continues beyond the day itself.
From panel discussions and forums to legal rights outreach and community events, our Centres connected with different groups to raise awareness, support workers, and create change.
A key national focus is our campaign Our Silence Is Not for Sale, calling for an end to the misuse of NDAs in workplace sexual harassment matters.
Thank you to our partners, supporters, and everyone involved in this work.
At the International Women’s Day rally in Tarntanya (Adelaide) this weekend, Aira Firdaus, Advocacy and Policy Officer at Working Women’s Centre Australia, spoke about the urgent need to end workplace sexual harassment and the misuse of non-disclosure agreements (NDAs).
In her speech, Aira highlights the reality many workers still face today: unsafe workplaces, the silencing of survivors, and systems that allow harassment and discrimination to continue. She also speaks about the growing movement to end the misuse of NDAs — a key focus of the Working Women’s Centre national campaign Our Silence Is Not For Sale.
Real change is only possible when workers speak out, stand together, and demand accountability.
Watch the video to hear Aira’s speech and learn why ending the misuse of NDAs is critical to creating safer workplaces for everyone.
Learn more about the Our Silence Is Not For Sale campaign.
This weekend, at the International Women’s Day rally in Tarntanya (Adelaide), our colleague Aira Firdaus, Advocacy and Policy Officer, spoke about the ongoing fight to end workplace sexual harassment and discrimination, and about our national campaign Our Silence Is Not For Sale.
Her speech highlighted the progress being made through advocacy and law reform, including recent legislation in Victoria addressing the misuse of non-disclosure agreements (NDAs), and the need to continue pushing for change across Australia.
Watch the video to hear Aira’s speech advocating for our national campaign to end the misuse of NDAs and support safer workplaces for all workers.