S.S. [2026] FWC 511 (18 February 2026)

s.527F - Application to deal with a sexual harassment dispute

Application to deal with a sexual harassment dispute

[1] On 2 December 2025, S.S. applied to deal with a sexual harassment dispute under s.527F of the Fair Work Act 2009 (the Act) in relation to employment by Alstom Transport Australia Pty Limited (Alstom). The application alleged sexual harassment by another employee of Alstom.

[2] The application made on behalf of S.S. referred to a separate complaint made about the alleged sexual harassment to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC). S.S. provided evidence that the VEOHRC application was lodged at approximately 10.35am on 2 December 2025, while the application to the Commission was made at around 3.30pm on 2 December 2025.

[3] Section 734B of the Act provides that a person who alleges they have been sexually harassed in contravention of Part 3-5A of the Act must not make a sexual harassment FWC application in relation to particular conduct if an application or complaint has been made under the Australian Human Rights Commission Act 1986 in relation to the conduct and it has not been withdrawn or failed for want of jurisdiction.

[4] On the material provided, the VEOHRC application was lodged before the application to the Commission and was not withdrawn or failed for want of jurisdiction. S.S. was accordingly not entitled to apply to the Commission under s.527F at the time the application was made.

(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

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

[6] In the circumstances, the appropriate course is to dismiss the application because it is not made in accordance with the Act.

[7] The application (SH2025/202) is dismissed under section 587(1)(a).

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