Ms H.P. [2026] FWC 995 (26 March 2026)

s.527F - Application for an order to stop and deal with a sexual harassment dispute

Application for an order to stop and deal with a sexual harassment dispute

[1] On 28 January 2026, Ms H.P. (Applicant) made an application under s.527F of the Fair Work Act 2009 (Cth) (Act) alleging that she had been sexually harassed in contravention of Division 2 of Part 3-5A of the Act. The application asked the Commission to make an order under s.527J of the Act to stop sexual harassment, and to otherwise deal with the dispute under s.527R of the Act.

[2] The Application was made in relation to the Applicant's employer (Employer) and persons with whom the Applicant interacted while at work in the business of the Employer (Person Named).

[3] I conducted a shuttle conciliation conference on 25 February 2026.

[4] A person who alleges they have been sexually harassed by one or more other persons may apply to the Commission for an order to stop sexual harassment. Section 527F of the Act provides:

"527F Application for the FWC to deal with a sexual harassment dispute

(1) If a person (the aggrieved person) alleges they have been sexually harassed in contravention of Division 2 by one or more other persons (a respondent), a person referred to in subsection (2) may apply for the FWC to do either or both of the following to deal with the dispute:

(a) make an order (a stop sexual harassment order) under section 527J;

(b) an industrial association that is entitled to represent the industrial interests of the aggrieved person.

(3) Despite paragraph (1)(a), a person referred to in subsection (2) cannot, except as provided by the regulations, apply for the FWC to make a stop sexual harassment order in relation to the dispute if the aggrieved person was a defence member (within the meaning of the Defence Force Discipline Act 1982) at the time the sexual harassment allegedly occurred.

(4) Without limiting section 609, the procedural rules may provide for the following:

(a) the making of applications under subsection (1) by:

(i) 2 or more persons of the kind referred to in subsection (2) acting jointly; or

(ii) a single industrial association that is entitled to represent the industrial interests of 2 or more aggrieved persons;

being applications made in relation to the same alleged contravention, or related alleged contraventions, of Division 2;

(b) the joinder of the following as parties to the dispute:

(i) one or more aggrieved persons in relation to alleged contraventions of Division 2;

(ii) one or more industrial associations each of which is entitled to represent the industrial interests of one or more aggrieved persons in relation to alleged contraventions of Division 2;

(iii) if an aggrieved person in relation to the dispute alleges the aggrieved person has been sexually harassed in contravention of Division 2, other than because of the operation of subsection 527E(1), by a person who is an employee or agent of another person (the principal) - the principal;

(iv) if a party to the dispute alleges another party (the principal) has contravened Division 2 because of the operation of subsection 527E(1) - an employee or agent mentioned in that subsection in relation to the principal;

(c) the withdrawal of persons as parties to the dispute;

(d) the treatment of the dispute under this Act as if there were 2 or more different disputes (instead of a single dispute), with different parties to each of the disputes."

[5] Section 12 of the Act provides that 'sexually harass' has the meaning given by section 28A of the Sex Discrimination Act 1984 (Cth), as produced below:

(1) For the purposes of this Act, a person sexually harasses another person (the person harassed) if:

(a) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or

(b) engages in other unwelcome conduct of a sexual nature in relation to the person harassed;

in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

(1A) For the purposes of subsection (1), the circumstances to be taken into account include, but are not limited to, the following:

(a) the sex, age, sexual orientation, gender identity, intersex status, marital or relationship status, religious belief, race, colour, or national or ethnic origin, of the person harassed;

(b) the relationship between the person harassed and the person who made the advance or request or who engaged in the conduct;

conduct of a sexual nature includes making a statement of a sexual nature to a person, or in the presence of a person, whether the statement is made orally or in writing."

[6] The circumstances in which the Commission may make orders to stop sexual harassment are set out in s.527J of the Act. It is as follows:

(a) an application made under section 527F includes an application for a stop sexual harassment order; and

(i) the aggrieved person has been sexually harassed in contravention of Division 2 by one or more persons; and

(ii) there is a risk that the aggrieved person will continue to be sexually harassed in contravention of Division 2 by the person or persons;

then the FWC may make any order it considers appropriate (other than an order requiring payment of a pecuniary amount) to prevent the aggrieved person from being sexually harassed in contravention of Division 2 by the person or persons.

(2) The FWC must start to deal with the application, to the extent that it consists of an application for a stop sexual harassment order, within 14 days after the application is made.

(3) In considering the terms of a stop sexual harassment order, the FWC must take into account:

(a) if the FWC is aware of any final or interim outcomes arising out of an investigation into the matter that is being, or has been, undertaken by another person or body - those outcomes; and

(b) if the FWC is aware of any procedure available to the aggrieved person - that procedure; and

(c) if the FWC is aware of any final or interim outcomes arising out of any procedure available to the aggrieved person to resolve grievances or disputes - those outcomes; and

(4) Despite subsection (2), the FWC may dismiss an application made under section 527F, to the extent that it consists of an application for a stop sexual harassment order, if the FWC considers that the application might involve matters that relate to:

(c) an existing or future covert operation (within the meaning of section 12E of the Work Health and Safety Act 2011) of the Australian Federal Police; or

(d) an existing or future international operation (within the meaning of section 12E of the Work Health and Safety Act 2011) of the Australian Federal Police."

[7] Pursuant to s.527J(1)(b) of the Act, for the Commission to make orders with respect to an application under s.527J for an order to stop sexual harassment, it must be satisfied that the aggrieved person has been sexually harassed in contravention of Division 2, and that there is a risk that the aggrieved person will continue to be sexually harassed.

[8] It is not in dispute that the Applicant and the Person Named now work at different locations, and there has been no further interaction with the Person Named. In these circumstances, there is no foreseeable risk that the Person Named will continue to sexually harass the Applicant at work, noting that it is not necessary to determine if the Applicant was sexually harassed at work by the Person Named. Accordingly, the requirements of s.527J(1)(b) of the Act cannot be satisfied, and the Commission is not empowered to make a stop sexual harassment order.

(1) 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

(b) the application is frivolous or vexatious; or

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

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365, 536LU or 773, or an application under section 527F that does not consist solely of an application for a stop sexual harassment order, on the ground that the application:

[10] In considering all of the circumstances, I am not satisfied that there is a risk of the Applicant being sexually harassed in connection with work pursuant to s.527J(1)(b) of the Act. I am satisfied that as a result, the application has no reasonable prospects of success, and it is appropriate in all of the circumstances to dismiss the application.

• [11] Accordingly, the application is dismissed under s.587(1)(c) of the Act. An Order to this effect is issued with this Decision.[1]

[12] As to the second matter, I proceeded to deal with the dispute pursuant to s.527R of the Act. I issued a certificate to the Applicant, and the Commission has now concluded its role in this matter.

[1] PR797957.

Printed by authority of the Commonwealth Government Printer