Clarke v Beiler Constructions Pty Ltd as trustee for Fox Trading Trust
Citation: [2026] FCA 734
At a glance
- Employees affected
- 1
- Awards cited
- MA000046
What happened
the Applicant, a carpenter apprentice employed by Beiler Constructions Pty Ltd, brought claims against the company and its director, alleging sexual harassment and underpayment of wages. She also claimed adverse action related to her removal from a worksite. The Applicant alleged two colleagues engaged in unwelcome conduct of a sexual nature and that she was removed from a site due to a relationship with another employee. The employer denied the allegations but later conceded vicarious liability if the harassment occurred.
What was decided
The Federal Court found Beiler Constructions vicariously liable for the sexual harassment conducted by two employees, James Emmerson and Julien Lenepveu. The court also ruled that Beiler Constructions contravened wage laws by failing to pay wages, allowances, superannuation contributions, travel time, and annual leave loading correctly. They also breached legislation regarding providing payslips and a Fair Work Information Statement. The adverse action claim was not established.
What it means for employers
Employers must take proactive steps to prevent sexual harassment in the workplace, including implementing clear policies and training for employees. The decision highlights that employers can be held vicariously liable for the actions of their employees, even if they did not directly participate in the misconduct. Employers also need to ensure compliance with all award conditions and relevant legislation regarding wages, superannuation, and pay slips.
What it means for employees
Employees have the right to a safe workplace free from sexual harassment. This decision reinforces that employers are accountable for addressing such issues. Employees should be aware of their rights under Fair Work laws regarding wages and entitlements and seek assistance if they believe these rights have been violated.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0734Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →