The importance of Positive Duty workplace training

Positive Duty is about prevention, not reaction. Training is one of the simplest, most effective and legally expected steps you can take. A significant ruling in a recent court case underscores the importance and necessity of Positive Duty workplace training.

Why Magar v Khan [2025] FCA 874 matters

Groundbreaking Ruling: In August 2025, the Court handed down its first decision under the expanded prohibition against sex-based harassment, which is demeaning conduct not necessarily sexual in nature but still unlawful.

Workplace Culture Risks: Senior managers in a fast-food franchise tolerated and normalised sexist, sexualised behaviour, creating an environment where misconduct escalated.

Harassment and Victimisation: A young casual worker endured repeated sexualised comments. The Court found this to be sexual harassment and that she was victimised via legal threats when she complained.

Record Award: The Court awarded $305,000 in damages, the highest sexual harassment payout in Australian history.

Message for employers: You must actively prevent sexism and harassment, not simply respond when issues arise.

Positive Duty — Your Legal Responsibility

Under Section 47C of the Sex Discrimination Act 1984 (Cth), employers and PCBUs must take reasonable and proportionate measures to eliminate:

• Sexual harassment
• Sex-based harassment
• Hostile workplace environments
• Victimisation

From December 2023, the Australian Human Rights Commission (AHRC) has the power to investigate and enforce compliance.

The AHRC’s Compliance Guidelines state: “Providing regular, effective training to all workers, including leaders, is essential to meeting the Positive Duty.”

This means:

• All staff must receive training on respectful conduct, complaint pathways, and bystander intervention.
• Managers, supervisors, and business owners require additional training on responsibilities, early intervention, and compliance obligations.

Failing to provide training can lead to legal, financial, and reputational consequences and may be considered a breach of the law.

Meet your obligations with ACFA’s Positive Duty Online Course

Self-paced and online: accessible anytime, anywhere.

Industry-relevant content: designed for our sector.

Covers both employer and employee responsibilities: ensuring compliance at every level.

Start now: Visit the ACFA Learning Hub and enrol your team today or call the ACFA Workplace Advisory Team on 1300 342 248.