Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 527T

  (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 .