Fair Work Act 2009

A person (the first person) who alleges they have been sexually harassed in contravention of Division 2 of Part 3‑5A by another person (the second person) must not (subject to subsection (2)) make a sexual harassment court application in relation to particular conduct if:

a sexual harassment FWC application has been made by, or on behalf of, the first person in relation to the conduct; and

a certificate in relation to the dispute has been issued by the FWC under paragraph 527R(3)(a) (which provides for the FWC to issue a certificate if the FWC is satisfied that all reasonable attempts to resolve a dispute (other than by arbitration) have been, or are likely to be, unsuccessful); and

2 or more of the parties (the notifying parties) have jointly notified the FWC as mentioned in paragraph 527S(1)(b) that they agree to the FWC arbitrating the dispute; and

paragraphs 527S(1)(c), (d) and (e) apply in relation to the notification; and

the notifying parties include both the first person and the second person.

Subsection (1) does not apply in relation to a sexual harassment court application that includes an application for an interim injunction.

A sexual harassment FWC application is an application under section 527F for the FWC to deal with a dispute that relates to a contravention of Division 2 of Part 3‑5A.