Fair Work Act 2009

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:

both of the following apply:

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

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

the sexual harassment court application includes an application for an interim injunction.

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).

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.

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

60 days after the day the certificate is issued;

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;

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

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.