H.C. [2025] FWC 3102 (16 October 2025)

s.527F - Application for an order to stop sexual harassment

Application for an order to stop sexual harassment

• [1] On 10 August 2025, H.C. applied for an order to stop sexual harassment under s.527F of the Fair Work Act 2009 (Cth) (the Act) in relation to employment by the Rainbow Beach Sports Club. The application alleged sexual harassment by another employee of the Club.

• [2] On 22 August 2025, H.C. resigned from employment with effect on 27 August 2025. There is no dispute that H.C. is no longer interacting with the person alleged to have engaged in sexual harassment and on the materials, no likelihood of that position changing in the future.

• [3] Section 587(1) of the Act provides:

" Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(c) the application has no reasonable prospects of success."

• [4] I have decided to dismiss the application because it has no reasonable prospects of success. H.C. is no longer working for or in connection with the Club and there is no apparent future risk of H.C. being sexually harassed in connection with work by the person named in the application. It follows that no order to stop the alleged sexual harassment could be made in the circumstances.

Application SH2025/139 is dismissed under s.587(1)(c) of the Act.

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