Document ID: chunk:federal_register_of_legislation:F2024L00379:reg:85
Version: federal_register_of_legislation:F2024L00379
Segment Type: reg
Provision Reference: reg 85
Character Range: 84443–86542

85  Order for joinder or withdrawal of parties to disputes commenced by a sexual harassment FWC application
 (1) Subject to subrule (3), a party (the requesting party) to a dispute before the FWC commenced by a sexual harassment FWC application may apply to the FWC 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 that they have 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.
Note 1: The application must be in approved form F1—Application (no specific form provided): see rule 9.
Note 2: This rule is made for the purposes of paragraphs 527F(4)(b) and (c) of the Act. For the meaning of aggrieved person, see subsection 527F(1) of the Act.
 (2) The requesting party must:
 (a) serve a copy of the application on any other person named in the application as a person to be joined or withdrawn, as soon as practicable after lodging the application; and
 (b) if an order is made in respect of another person—serve a copy of the order on the other 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.

Division 2—Bullying at work