When we receive an application to deal with a dispute about sexual harassment in connection with work, the person who is said to have engaged in sexual harassment and their employer or principal must respond to the application. Find out what this means, and how to respond.
On this page:
We send a copy of an application for us to deal with a sexual harassment dispute to:
If we send you a copy of the application, it means:
We will send you a copy of the application so you know about it and can respond.
To respond to an application made using Form F75, you must complete Form F76 – Individual respondent’s response to an application to deal with a sexual harassment dispute.
If you choose to respond to an application made on Form F72A, you should complete Form F74A – Response from a person named in an application for an order to stop sexual harassment that commenced prior to 6 March 2023.
Return the completed form to us within 7 days.
If you need help, you can ask:
We will send you a copy of the application so that you know about it and can respond.
To respond to an application made using Form F75, you must complete Form F77 – Response from employer/principal to an application to deal with a sexual harassment dispute.
To respond to an application made on Form F72A, you must complete Form F73A – Response from an employer/principal to an application to stop sexual harassment that commenced prior to 6 March 2023.
Return the completed form to us within 7 days.
If you need help, you can ask:
The law says an employer or principal is responsible (vicariously liable) for sexual harassment by its employees or agents, if the sexual harassment was done in connection with their employment or their duties as an agent. This applies to sexual harassment that happens on or after 6 March 2023.
This means the conduct of the employee or agent is taken to be the conduct of the employer or principal. Because of this, an aggrieved person can apply against an employer or principal as well as, or instead of, the person who sexually harassed them.
An employer or principal is not responsible (vicariously liable) if they prove that they took all reasonable steps to prevent the employee or agent from conduct that is against the laws about sexual harassment in connection with work. The employer or principal needs to prove that they took all reasonable steps to prevent the sexual harassment.
Under the Sex Discrimination Act 1984, organisations and businesses have a positive duty to end sexual harassment in connection with work as far as possible. The Australian Human Rights Commission has published Guidelines for Complying with the Positive Duty under the Sex Discrimination Act.
You can object to the application if you don’t think we have jurisdiction to deal with the sexual harassment dispute.
If you object to an application, make sure you describe your reasons for objecting in the response form. It is very important that you send us your response if you want to object to the application. This information helps us decide what to do next.
Reasons to object to an application can include:
The next steps will depend on how the applicant is asking us to deal with the sexual harassment dispute.
We will tell you what will happen next in your case. Make sure you check your phone and email regularly.
Find out more about how we deal with sexual harassment disputes.
You don’t need a lawyer when you come to the Fair Work Commission, but you can think about getting legal advice if you are involved in a case.
Respondents who have been named in an application as having engaged in sexual harassment might be eligible for free legal advice through our Workplace Advice Service.
When you are part of a legal case it can be a stressful time. Help is available for you to look after your mental health and wellbeing.