Federal Court finds employer liable for supervisor's harassment of FIFO apprentice despite no witnesses
The Federal Court's decision in Clarke v Beiler Constructions Pty Ltd [2026] FCA 734 was handed down on 12 June 2026. The decision marks a significant development in Australian employment law, being the first Federal Court judgment after a contested hearing to consider the workplace sexual harassment provisions introduced into the Fair Work Act in 2023.
The decision provides important guidance on how these laws will operate in practice and the increasing level of risk faced by employers.
The case involved a fly-in/fly-out (FIFO) apprentice carpenter who alleged that her supervisor made explicit sexual remarks, including a direct request for sexual favours. There were no witnesses to the alleged conduct and the supervisor denied the allegations. Despite this, the Court found that two instances of sexual harassment were established on the balance of probabilities.
A central feature of the decision was the Court's reliance on the employee's contemporaneous disclosures to family members. Statements made by the Complainant to her son and parents shortly after the events occurred were treated as persuasive evidence that supported the Complainant's credibility. This demonstrates that informal disclosures, even to non-workplace parties, may be significant in proving allegations.
The Court rejected the idea that the conduct was just workplace...
Millions of Aussies will be cheering Ben Roberts-Smith after seeing his publicity campaign. But we must leave all these matters to a criminal court to decide – this time beyond reasonable doubt. A...