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.
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.
The latest release of Diversity Council Australia’s 2025-2026 Inclusion@Work Index – the fifth edition of our flagship, biennial research mapping inclusion across Australia’s workforce in now avaliable.
Drawing on insights from a nationally representative survey of 3,000 workers, the Index provides one of the most comprehensive pictures of how people across Australia are experiencing both inclusion and exclusion at work. It remains a critical benchmark for tracking progress, understanding emerging risks, and identifying where evidence-based action can have the greatest impact.
This latest Index offers a timely snapshot of workplace inclusion in a shifting social, economic and political context. The findings show:
· strong and sustained worker support for diversity and inclusion
· record levels of organisational action to improve inclusion
· more workers reporting inclusive workplace experiences, alongside encouraging declines in discrimination and everyday exclusion
· ongoing, disproportionately high levels of exclusion for marginalised workers, reinforcing the need for sustained action.
The findings reflect encouraging progress, while highlighting the continued need for evidence-based action.
A synopsis of DCA’s findings is attached for your reference, and the full report is available on request via comms@dca.org.au.
As International Working Women’s Day 2026 approaches, we want to ensure everyone across the Working Women’s Centres Network is aware of the events taking place in each state and territory.
This is an important opportunity to stand alongside unions, community partners and supporters to call for safer workplaces, real equality and respect for every woman.
We encourage Centres to:
Below is a national snapshot of confirmed events.
Hobart
International Women’s Day Rally
When: 2 March | 12.30 pm
Where: Franklin Square
Melbourne
International Working Women’s Day 2026
When: 6 March | 12pm
Where: Lygon Street outside Victorian Trades Hall Council – 54 Victoria St, Carlton
Darwin
International Women’s Day Walk and Celebration
When: 7 March | 8am
Where: CDU Danala Campus (City) – 54 Cavenagh Street, Darwin
Adelaide
International Women’s Day March
When: 7 March | 10.15am
Where: Tarndanyangga (Victoria Square)
Brisbane
WWQ International Women’s Day Breakfast 2026
When: 10 March | 7am
Where: The Ballroom at Victoria Park / Barrambin- 309 Herston Rd, Herston
Perth
Balance the Scales- International Women’s Day 2026
When: 11 March | 11am
Where: Palace Tower, Boorloo Room Ground Floor
Sydney
International Women’s Day 2026
When: 13 March | 5pm
Where: Town Hall Sydney – 483 George St.
If you’re organising or attending another International Women’s Day event that isn’t listed, please contact us to add an event to our listing.
Working Women’s Centre Australia is contributing to the national conversation on workplace safety and gender equality.
Our Policy and Administration Officer, Kirsty Faulder, has written a powerful piece for Women’s Agenda calling for sexual harassment to be recognised and treated as what it truly is: a preventable workplace safety hazard under Work Health and Safety (WHS) laws — not merely an individual complaint under anti-discrimination frameworks.
This national media coverage amplifies our advocacy for systemic reform and highlights our strong commitment to preventing workplace gendered violence. To read the full article, “No More Silence: Treat Sexual Harassment as the Safety Hazard It Is,” click here.