How to Apply to the Fair Work Commission for Workplace Sexual Harassment

When should you use Form F75?

Use Form F75 if you allege that you were sexually harassed in connection with work on or after 6 March 2023 and want the Fair Work Commission to deal with the dispute.

You can ask the Commission to:

• make an order to stop sexual harassment;
• deal with the sexual harassment dispute in another way; or
• do both.

The date matters because Australia's Fair Work sexual harassment process changed on 6 March 2023. If the sexual harassment happened or started before that date, Form F75 is not the correct application. The Commission directs those applicants to the older Form F72A process.

Who can apply to the Fair Work Commission?

A person who alleges they have been sexually harassed in connection with work can apply if they are:

• a worker in a business or undertaking;
• seeking to become a worker in a particular business or undertaking; or
• a person conducting a business or undertaking.

A union or employer association that can represent the aggrieved person can also apply on that person's behalf. Applications can be made jointly by two or more aggrieved people against one or more alleged harassers, employers or principals.

The post-6 March 2023 jurisdiction is therefore not limited to a person who is still employed in the workplace where the alleged conduct occurred.

How long do you have to apply?

The Commission says you should lodge Form F75 within 2 years after the alleged sexual harassment occurred or last occurred.

Section 527G of the Fair Work Act 2009 provides that the Commission may dismiss an application made more than 24 months after the alleged contravention, or the last of the alleged contraventions. This is why lodging within the 2-year period is important.

You do not need to delay the application simply because you have not gathered every document. The Commission expressly states that you can apply without all the information and provide further details and supporting documents after lodging.

What information do you need for Form F75?

Before completing the application, prepare the information the Commission asks for about you, the workplace and the alleged conduct. This includes:

• your contact details;
• your representative's contact details, if you have one;
• details of every business or undertaking connected with the allegations, including a contact person and direct contact details;
• details of each person alleged to have sexually harassed the aggrieved person;
• a description of the behaviour you believe amounted to sexual harassment;
• if you want a stop sexual harassment order, what you think needs to happen to stop the alleged harassment continuing; and
• if you want the Commission to deal with the dispute in another way, the outcome you seek to settle it.

Focus on factual information about what happened, the people and businesses involved, the connection with work and the outcome you want the Commission to consider.

What can you ask the Commission to do?

Form F75 allows more than one type of request. You can seek a stop sexual harassment order, ask the Commission to deal with the dispute in another way, or seek both.

A stop order is directed at preventing further sexual harassment. If a stop order is sought and the case is not resolved earlier, the Commission may hold a determinative conference or hearing. A Commission Member may make a stop sexual harassment order if satisfied that the person was sexually harassed in contravention of the Fair Work Act and there is a risk that the person will continue to be sexually harassed in connection with work by the respondent or respondents.

For the broader dispute-resolution pathway, the Commission usually tries to resolve the dispute first. If all reasonable attempts to resolve it other than arbitration have been, or are likely to be, unsuccessful, the Commission may issue the certificate required by the Fair Work Act. Further options can then include a sexual harassment court application or, where the required parties consent, arbitration by the Commission.

Is there an application fee?

There is no fee to make a Form F75 application under section 527F of the Fair Work Act 2009.

This is important because a different rule applies to the older Form F72A process for sexual harassment that happened or started before 6 March 2023. That older process has an application fee. Do not transfer the F72A fee to a Form F75 application.

How do you lodge Form F75?

Download and complete the Commission's approved Form F75. The Commission currently provides both DOC and PDF versions.

You can lodge the completed application by email to WDT@fwc.gov.au. You can also send or deliver it to the Fair Work Commission office near you.

Because email lodgement is available, you do not need to attend a Commission office simply to submit Form F75.

Will the other people see your application?

Usually, yes. The Commission states that it will send a copy of your application and any documents lodged with it to the other people involved in the case. This can include your employer or principal, the people you name as having engaged in sexual harassment, their employers or principals, and legal representatives or paid agents involved in the matter.

Your home address is not shared with the other people involved. However, they can see your name, other contact details and personal or sensitive information you choose to provide unless a Commission Member decides that information should be confidential.

If you are concerned about particular sensitive information being disclosed, do not include it immediately. The Commission advises applicants to lodge the completed form and then contact it to discuss whether the information should be provided. You can also apply for confidentiality orders, which a Commission Member decides.

What happens after you apply?

After receiving the application, the Fair Work Commission contacts you to explain the process and next steps. It also provides the application and accompanying documents to the relevant people involved in the case.

The Commission then seeks responses. An individual respondent who receives a Form F75 application uses Form F76. An employer or principal required to respond uses Form F77. The Commission's current guidance requires these responses within 7 days of receiving the application.

A Commission Member assesses the application, responses and any objections and decides the appropriate process. The Commission says most cases begin with a Member conference aimed at resolving the dispute fairly, quickly and without needing a determinative hearing.

How long does the Commission process take?

There is no single guaranteed processing time for a Form F75 case because the process depends on the facts, the remedies sought and whether the dispute can be resolved by agreement.

The Commission currently publishes two service aims: it aims to discuss the case with everyone involved within 2 weeks of receiving the application and aims to resolve most cases within 16 weeks.

These are Commission service aims, not statutory guarantees that every case will finish within those periods. A case involving disputed jurisdiction, stop orders, a hearing or later court or consent-arbitration steps may follow a different timetable.

What outcomes are available if the dispute is not resolved early?

If a Member conference does not resolve a request for stop sexual harassment orders, the Commission may list the matter for a determinative conference or hearing. If the statutory requirements are satisfied, the Commission can make a stop sexual harassment order.

For a dispute being dealt with other than through stop orders, if reasonable attempts at resolution are unsuccessful or likely to be unsuccessful, a Commission Member can issue the certificate required for the next stage. The aggrieved person may then be able to make a sexual harassment court application.

The parties can instead choose Commission arbitration if the required applicant and respondent consent. In a consent arbitration, the Commission has broad powers that include orders for compensation, lost remuneration, or specified actions such as changing behaviour or attending or providing training.

What if the sexual harassment dispute also involves dismissal?

A Form F75 application deals specifically with the sexual harassment dispute. If you have also lost your job, a separate dismissal-related process may be relevant depending on the circumstances and the legal basis of your claim.

Helpydo has separate guides explaining how to apply for unfair dismissal after losing your job and how to apply for general protections after dismissal for a prohibited reason. Those procedures have their own eligibility rules and deadlines and should not be treated as substitutes for Form F75.

Common mistakes to avoid

• Do not use Form F75 for conduct that happened or started before 6 March 2023. The Commission directs those matters to Form F72A.
• Do not unnecessarily wait until you have every supporting document if the 2-year period is approaching. The Commission permits further information to be supplied after the application is lodged.
• Do not omit the people or businesses directly connected with the allegations when completing the required contact information.
• Do not confuse a stop sexual harassment order with the broader dispute-resolution pathway. Form F75 lets you request either or both.
• Do not assume everything attached to the application remains private from the other parties. The Commission normally serves the application and attachments on the people involved.
• Do not include particularly sensitive information without considering confidentiality if you are concerned about disclosure. The Commission specifically invites applicants to contact it about such information.
• Do not assume every case will finish within 16 weeks. That is the Commission's service aim for most cases, not a guaranteed deadline.

What if you are in immediate danger or distress?

The Fair Work Commission states that if you feel unsafe at any time, you can call Police on 000. If you are upset or distressed, the Commission identifies 1800RESPECT on 1800 737 732 and Lifeline on 13 11 14 as support services.

The Commission can provide information about its own process but cannot give legal advice. You do not need a lawyer to come to the Commission, although legal assistance may be useful depending on the circumstances.