There was a time — not so long ago — when so-called "harmless fun" in the workplace included inappropriate jokes in the break room, rating colleagues' appearances and labelling a female coworker as "the office flirt" simply based on her choice of clothing. Some may have laughed, others may have rolled their eyes and many likely stayed silent, believing that speaking up could have repercussions.
But times are changing and the law is catching up. The days of excusing inappropriate comments and behaviour as "harmless fun" are over.
The Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025 is currently under consideration by the Queensland Legislative Assembly. If passed, this legislation will mandate a positive duty for employers to actively prevent sexual harassment in the workplace, not just react to them after they occur. This represents a significant shift from the "we'll investigate if it becomes a problem" approach to one where the onus is squarely on the business to create proactive cultures of respect.
Workplace scenarios
To illustrate the importance of this shift, let us examine some hypothetical, but all-too-familiar workplace scenarios.
Scenario A: The break room banter
A colleague makes an innuendo-laden joke while you're grabbing a coffee in the breakroom. It's awkward, but you brush it off because they've been with the company for years and "they don't mean anything by it." Now imagine a junior staff member in this position, they don't have context and are simply uncomfortable, but they keep quiet because of the power dynamics and seniority in the room. They later find they're being called a "spoil-sport" for not engaging further. This is not just awkward — it is potentially unlawful conduct.
Scenario B: "It was just a reel!"
In today's digital age, workplace boundaries extend into online spaces. Sharing Instagram reels or other social content to work colleagues that objectify women, sexualise colleagues or mock someone's sexuality is not "just online" — it's creating a culture of harassment.
Scenario C: The Christmas party cleavage crisis
A staff member wears a low-cut dress to the office holiday party. By Monday, she has become the subject of office gossip, ranging from snide remarks by colleagues to a manager joking that she "deserves a bonus just for that outfit."
What message does this send? That a woman's body is fair game for commentary simply because it is the festive season? The proposed legislation draws a clear line, ensuring that such behaviour is no longer tolerated.
What the 2025 bill means for workplaces
The Industrial Relations and Other Legislation Amendment (Workplace Protections) Bill 2025 does more than impose stricter penalties for harassment. It compels employers to take proactive measures to create safe and respectful workplaces.
Key provisions include:
- Mandatory training to educate employees on appropriate workplace behaviour.
- Clearer reporting structures to ensure incidents are addressed promptly and effectively.
- A cultural shift away from outdated excuses such as "boys will be boys."
This legislation aligns Queensland with national best practices, echoing the recommendations of the Respect@Work report, which emphasised the need for action over apologies. The goal is to ensure that workplaces are focused on productivity and collaboration, rather than navigating a minefield of inappropriate comments or behaviours.
This is not "PC gone mad" — It's common sense
It is important to clarify that this is not about banning humour or casual interactions. Complimenting a colleague's shoes or sharing a light-hearted joke is not the issue. However, if workplace humour relies on sexualising, shaming or silencing others, it is time to acknowledge that it was never appropriate to begin with.
For business owners, leaders and HR professionals, this legislation is not a threat — it is an opportunity. It provides a framework to set the tone for a workplace culture where employees feel safe, respected, and empowered to thrive.
When individuals no longer have to brace themselves for inappropriate jokes or unwelcome comments, they are free to focus on their work. The result? A more engaged, productive and harmonious workplace.
Redefining workplace culture
Sexual harassment in the workplace has never been acceptable. However, for far too long, it was trivialised or dismissed as a joke. The introduction of this legislation provides an opportunity to redefine workplace culture, replacing outdated behaviours with respect and professionalism.
For those who embrace this change, the benefits are clear: a workplace where everyone feels valued and supported. For those who resist, the risk is equally clear: legislated penalties.
The choice is simple — adapt and lead or be left behind.
How Gallagher can help
At Gallagher, we believe that respectful workplaces are the foundation of a productive and thriving team. We offer comprehensive workplace training programs that empower your workforce and leaders to recognise, prevent and respond to incidents effectively. And when despite best efforts, an unfortunate incident does occur, we can offer our expertise as a neutral third-party. Our team can conduct thorough and respectful investigations, guaranteeing a fair and unbiased resolution.
