Document ID: chunk:federal_register_of_legislation:C2025C00150:section:527t
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 527T
Character Range: 1200535–1202487

527T  Limitation on taking a sexual harassment dispute to court
 (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.

Part 3‑6—Other rights and responsibilities

Division 1—Introduction