CTHRepealedLegislation
Fair Work Commission Rules 2013
55AOrder for joinder or withdrawal of parties to disputes commenced by sexual harassment FWC applications
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#### 55A Order for joinder or withdrawal of parties to disputes commenced by sexual harassment FWC applications
(1) Subject to subrule (3), a party (the requesting party) to a dispute before the Commission commenced by a sexual harassment FWC application may apply to the Commission for either of the following orders:
(a) an order that any of the following be joined as a party to the dispute:
(i) one or more aggrieved persons in relation to alleged contraventions of Division 2 of Part 3‑5A of the Act;
(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 of Part 3‑5A of the Act;
(iii) if an aggrieved person in relation to the dispute alleges the aggrieved person has been sexually harassed in contravention of Division 2 of Part 3‑5A of the Act, other than because of the operation of subsection 527E(1) of the Act, 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 of Part 3‑5A of the Act because of the operation of subsection 527E(1) of the Act—an employee or agent mentioned in that subsection in relation to the principal;
(b) an order for the withdrawal of a person as a party to the dispute.
(2) If a person named in the application as a person to be joined or withdrawn as a party to the dispute is not the requesting party, the requesting party must:
(a) serve a copy of the application on the person as soon as practicable after making the application; and
(b) if an order is made in respect of the person—serve a copy of the order on the person as soon as practicable after the order is made.
(3) Subrule (1) does not apply if subsection 527S(1) of the Act applies to the dispute.