An employee who experiences sexual harassment at your workplace can now use a new Fair Work Commission tool to quickly identify which complaint pathway to take — and that pathway could lead directly to your business. On 10 September 2026, the Commission launched its Workplace Sexual Harassment Complaint Options Tool, developed with the Fair Work Ombudsman and the Australian Human Rights Commission. For employers, the message is clear: complaint pathways are becoming easier for workers to access, which means your business is more likely to face a formal complaint if you’re not prepared.

What Is the New Workplace Sexual Harassment Complaint Tool?

The Fair Work Commission launched the tool on 10 September 2026, developed with the Fair Work Ombudsman and the Australian Human Rights Commission, with input from Respect@Work member organisations. It asks simple yes/no and multiple-choice questions — whether criminal conduct was involved, the timeframe, and the type of help sought — then provides plain language guidance on which complaint pathway best fits the user’s situation.

For employers, this means an employee who might previously have been confused about where to make a workplace sexual harassment complaint can now quickly identify the right channel. Your business is more likely to face a formal complaint, not less.

Which Agencies Handle Workplace Sexual Harassment Complaints in Australia?

Several government agencies handle these complaints, each with different rules and outcomes:

1. Fair Work Commission — Can make orders to stop sexual harassment under the Fair Work Act 2009. Applications can be made by an employee currently being harassed at work.

2. Australian Human Rights Commission — Handles complaints under the Sex Discrimination Act 1984, including workplace sexual harassment. Can investigate and conciliate.

3. Fair Work Ombudsman — Can take enforcement action for certain Fair Work Act breaches.

In most circumstances, a complainant can only choose one pathway. The new tool helps workers select the most strategic option, which may increase the chances of a complaint reaching your business through the most effective channel.

What Are the Time Limits for Sexual Harassment Complaints?

Each pathway has different time limits employers need to understand:

Fair Work Commission: Applications for stop-sexual-harassment orders must be made within 24 months of the harassment occurring.

Australian Human Rights Commission: Complaints must generally be made within 24 months, though extensions may be granted.

General protections claims: If sexual harassment involves adverse action — such as dismissal or demotion — an application must be made within 21 days.

These time limits define the window during which your business may be exposed to a complaint.

What Is the Employer’s Positive Duty Regarding Sexual Harassment?

Under amendments to the Sex Discrimination Act 1984 (following the Respect@Work report), employers have a positive duty to take reasonable and proportionate measures to eliminate sexual harassment. This is an active requirement, not a passive one.

For employers with 15 or more employees, the AHRC has enforcement powers, including conducting inquiries and issuing compliance notices. Practical steps include implementing a sexual harassment policy, providing training, establishing complaint procedures, and conducting proper workplace investigations when allegations arise.

How Should Employers Prepare for Sexual Harassment Complaints?

The best defence is preparation. Employers should follow these steps as part of their broader HR best practice framework:

Develop a clear sexual harassment policy. Define sexual harassment, outline the complaint process, and state consequences. Access free employment documents for compliant templates.

Train your managers and staff. Managers need to know how to receive and respond to complaints. All staff should understand what constitutes sexual harassment and how to report it.

Act promptly when a complaint arises. Delay worsens the situation. Learn more from our guide on how to conduct a workplace investigation.

What Happens If an Employee Applies to the Fair Work Commission?

If an employee applies for a stop-sexual-harassment order, the Commission will attempt conciliation. If that fails, the matter may go to a formal hearing where a Commission member can make binding orders. This can be costly and damaging to workplace culture — resolve complaints internally whenever possible.

If you face an FWC application, seek legal advice immediately. Fair Work Centre provides dedicated employment lawyers who can advise on sexual harassment matters and represent your business before the Commission.

Don’t Wait for a Complaint

The Fair Work Commission’s new tool makes complaints easier to file and pathways clearer. Employers who lack clear policies, training, and investigation procedures are at greater risk. Take steps now to prevent sexual harassment and ensure your managers know how to respond.

What is the new Fair Work Commission sexual harassment complaint tool?

The FWC launched a Workplace Sexual Harassment Complaint Options Tool on 10 September 2026. Developed with the Fair Work Ombudsman and Australian Human Rights Commission, it asks simple questions about the alleged harassment and provides guidance on which complaint pathway to use. This means employees can now more easily identify the right channel to make a formal complaint.

Which agencies handle workplace sexual harassment complaints in Australia?

Three agencies: the Fair Work Commission (stop-sexual-harassment orders under the Fair Work Act 2009), the Australian Human Rights Commission (complaints under the Sex Discrimination Act 1984), and the Fair Work Ombudsman (enforcement action for Fair Work Act breaches). A complainant can typically only choose one pathway.

What is the time limit for making a sexual harassment complaint?

FWC stop-sexual-harassment orders must be applied for within 24 months. AHRC complaints must generally be made within 24 months. General protections applications involving adverse action must be made within 21 days.

What is the employer’s positive duty regarding sexual harassment?

Under the Sex Discrimination Act 1984 (amended after the Respect@Work report), employers must take reasonable and proportionate measures to eliminate sexual harassment. Employers with 15 or more employees face AHRC enforcement. Compliance requires policies, training, complaint procedures, and proper workplace investigations.

What should an employer do if an employee makes a sexual harassment complaint?

Take the complaint seriously, respond promptly, and initiate a fair, confidential investigation. The alleged harasser should be given an opportunity to respond. Document every step and seek legal advice if the complaint may be escalated to the FWC or AHRC.

Does the new complaint tool apply to small businesses?

Yes, the tool is available to any worker regardless of employer size. Employers with 15 or more employees face AHRC enforcement under the positive duty provisions. Smaller employers are still expected to take reasonable steps to prevent sexual harassment.