527TLimitation on taking a sexual harassment dispute to court

527T Limitation on taking a sexual harassment dispute to court

(1) A person who is entitled to apply under section 527F for the FWC to deal with a dispute (whether by making a stop sexual harassment order or otherwise) must not make a sexual harassment court application in relation to the dispute unless:

(a) both of the following apply:

(i) the FWC has issued a certificate under paragraph 527R(3)(a) in relation to the dispute;

(ii) the sexual harassment court application is made within a period specified in subsection (3); or

(b) the sexual harassment court application includes an application for an interim injunction.

Note: Generally, if parties to the dispute notify the FWC that they agree to the FWC arbitrating the dispute (see subsection 527S(1)), a sexual harassment court application cannot be made by a notifying party in relation to a contravention of Division 2 by another notifying party where the contravention is the subject of the dispute (see section 734A).

(2) A sexual harassment court application is an application to a court under Division 2 of Part 4‑1 for orders in relation to a contravention of Division 2 of this Part.

(3) For the purposes of subparagraph (1)(a)(ii), the following periods are specified:

(a) 60 days after the day the certificate is issued;

(b) if the person is removed under paragraph 527S(2)(a) as a party to the dispute—14 days after the person is given notice under paragraph 527S(2)(b) of the removal;

(c) such period as the court allows on an application made during or after a period mentioned in paragraph (a) or (b) of this subsection.

Note: For the purposes of paragraph (c), in Brodie‑Hanns v MTV Publishing Ltd (1995) 67 IR 298, the Industrial Relations Court of Australia set down principles relating to the exercise of its discretion under a similarly worded provision of the Industrial Relations Act 1988.