527FApplication for the FWC to deal with a sexual harassment dispute

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) otherwise deal with the dispute.

Note 1: A person has limited ability to make a sexual harassment court application unless the FWC has dealt with the dispute as mentioned in paragraph (b) and is satisfied that all reasonable attempts to resolve the dispute (other than by arbitration) have been, or are likely to be, unsuccessful (see section 527T).

Note 2: The FWC may allow an application to be amended if, for example, the applicant wishes the FWC to deal with the dispute in a way not initially applied for (see section 586).

(2) The persons are as follows:

(a) the aggrieved person;

(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;