For years, many businesses have followed the same pattern.

  • A complaint is made.
  • An investigation takes place.
  • A settlement is negotiated.

Those days are rapidly coming to an end. As of 1 July 2026, Victoria became the first Australian jurisdiction to prohibit employer-initiated non-disclosure agreements (NDAs) in workplace sexual harassment matters. The message from legislators is clear: the focus is shifting from protecting organisations to protecting workers. Importantly, this isn’t just a Victorian issue.

From 1 November 2026, new federal legislation will mean that future NDAs entered into as part of sexual harassment settlements will be void and unenforceable against alleged victims across Australia. This represents one of the biggest shifts we’ve seen in workplace relations and psychosocial safety in recent years, and businesses need to be paying attention.

Why this matters

One of the most common things I hear from business owners is “We just want this to go away.” I understand why. Complaints of sexual harassment are confronting. They are disruptive, emotional and often involve people who have worked together for years.

But the reality is this… The goal should never be to make the complaint disappear. The goal should be to ensure it is dealt with properly, fairly and transparently. When businesses focus on protecting their reputation ahead of addressing the underlying behaviour, they create a much bigger risk. Poor culture doesn’t stay hidden forever.

The Fortescue case is a wake-up call for every Australian employer.

This week, mining giant Fortescue became the latest major Australian employer to face a class action alleging systemic sexual harassment, discrimination and retaliation against workers who reported misconduct. The allegations, which are yet to be determined by the courts, include claims that women experienced harassment, assault, discrimination and were discouraged or disadvantaged after speaking up. Fortescue has stated it is committed to providing a safe, respectful and inclusive workplace and has said it takes the allegations seriously.

Regardless of how the proceedings ultimately unfold, there is an important lesson for every business owner. The allegations extend well beyond individual acts of misconduct. They raise broader questions about workplace culture, leadership accountability, reporting pathways and, critically, what happens after someone raises a concern.

Claims that workers felt silenced, dismissed or disadvantaged after reporting inappropriate behaviour are exactly the types of risks the new legislation and the Respect@Work reforms are designed to address. The reality is that regulators, employees and the courts are no longer asking, “Did your business have a policy?”; they’re asking, “What did your leaders do to prevent the behaviour, and how did they respond when concerns were raised?” That is a very different conversation.

The real takeaway

Respect@Work training is no longer simply about compliance. It is about equipping leaders to recognise risks early, respond appropriately, foster psychologically safe workplaces and demonstrate that the organisation has taken reasonable and proportionate steps to prevent unlawful workplace behaviour.

Businesses that continue to view workplace training as a once-a-year compliance exercise are exposing themselves to significant legal, financial and reputational risk. Those that invest in leadership capability, clear reporting processes and a culture where employees genuinely feel safe to speak up are far better placed to meet their obligations under today’s workplace laws.

The law has changed

Victoria’s new legislation fundamentally changes the way settlement discussions can occur. Employers can no longer simply include confidentiality provisions as the default position in sexual harassment settlements. Instead

  • Confidentiality must be requested by the worker, not imposed by the employer
  • Workers have greater control over whether confidentiality applies
  • in many cases, workers will be able to end confidentiality arrangements after 12 months

From November, similar protections will extend nationally through the federal changes. For businesses, this means settlement documentation, complaint handling procedures and legal templates all need to be reviewed. If your current deed automatically include broad confidentiality clauses, they may soon be out of step with the law.

Policies don’t prevent harassment. Leaders do.

One of the biggest misconceptions I still see is the belief that having a Workplace Behaviour Policy is enough – It isn’t. I’ve investigated enough workplace complaints to know that most people involved have already completed an online compliance module at some point.

Training isn’t about ticking a compliance box

  • Good training changes behaviour
  • It gives managers the confidence to recognise warning signs early
  • It helps employees understand boundaries before someone gets hurt
  • It creates shared expectations about what respectful behaviour actually looks like

Most importantly, it gives people confidence to have conversations before issues become formal complaints.

Respect@Work isn’t optional anymore

The introduction of the positive duty has fundamentally changed employer obligations. Employers are no longer expected to simply respond to complaints. They are expected to take reasonable and proportionate measures to prevent sexual harassment, sex discrimination, hostile workplace environments and victimisation before they occur. That means organisations should be able to demonstrate they have

  • Current workplace behaviour policies
  • Reporting pathways employees trust
  • Trained leaders
  • Regular employee education
  • Documented investigations
  • Risk assessments for psychosocial hazards
  • Systems that continually review workplace culture

Waiting until someone makes a complaint is no longer enough.

Questions every business owner should ask today

If someone made a complaint tomorrow

  • Would your managers know what to do?
  • Could you demonstrate you’ve met your positive duty?
  • Are your investigation processes current?
  • Have your settlement documents been reviewed?
  • Would your leaders know what to say, and just as importantly, what not to say?
  • Have your employees received practical Respect@Work training in the last 12 months?

If you’re unsure about any of these questions, now is the time to act.

The cost of getting it wrong

Many businesses think workplace investigations are expensive. In reality, they are often far less expensive than defending

  • An adverse action claim
  • An unfair dismissal application
  • A psychological injury claim
  • A discrimination complaint
  • Reputational damage
  • The loss of talented employees who simply decide they no longer feel safe at work

Good prevention is almost always cheaper than poor reaction.

How we can help

We work with organisations across Australia to build workplaces where people feel safe, respected and confident to speak up. We provide

  • Respect@Work training for employees and leaders
  • Workplace investigations
  • Sexual harassment complaint management
  • Psychosocial risk reviews
  • Workplace behaviour and conduct policies
  • Leadership coaching
  • Independent HR advice
  • Culture and governance reviews

Our workshops are practical, engaging and designed for real workplaces, not simply to satisfy compliance requirements.

The organisations making headlines today all had workplace policies. The difference wasn’t whether they had a policy, it was whether the culture, leadership and day-to-day behaviours reflected what those policies said. That’s why effective Respect@Work training is one of the most valuable investments a business can make.

Don’t wait until you’re managing a complaint

The law is changing, expectations are changing, and employees are changing. The businesses that thrive over the next decade won’t be those that simply comply with legislation. They’ll be the organisations that invest in respectful leadership, psychologically safe workplaces and managers who know how to have the difficult conversations before problems escalate.

If it’s been more than 12 months since you reviewed your Respect@Work training, workplace policies or complaint procedures, now is the perfect time.

Christine Howitz | Director

Need help?

Whether you need a policy review, Respect@Work training, an independent workplace investigation or advice on updating your complaint handling processes, were here to help. Contact us to discuss how we can help protect your people, strengthen your workplace culture and ensure your business is ready for the next wave of workplace reforms. Because respectful workplaces don’t happen by chance, they’re built by leaders who choose to make them a priority.