Before you apply, consider what you can do if you’re sexually harassed at work.
If you apply to the Fair Work Commission to stop sexual harassment at work, you are starting a legal process.
We try to resolve cases in a way that is fair, just and quick.
We resolve cases by:
A Commission Member will decide whether to hold a conciliation, conference or hearing. A Member will usually hold a conference as a first step.
Cases are usually resolved during conciliation or at a conference. Most cases don’t involve a hearing.
Eligible workers can apply to the Commission if their situation meets the definition of sexual harassment at work.
You don’t have to have a lawyer to come to the Commission, but you should think about getting legal advice before you apply.
Workers and small business employers might be eligible for free legal advice through the Commission’s Workplace Advice Service. This includes workers who want to apply to stop sexual harassment and people named as having engaged in sexual harassment.
An eligible worker can apply for an order to stop sexual harassment at work.
Once we receive your application, a Commission staff member will contact you and explain the process and next steps.
A Commission staff member will contact you if you are the employer, principal or person named as having engaged in sexual harassment at work.
We will ask you to respond to the application within 7 days. We will also ask you to send the worker who applied a copy of your response.
Employers must respond to the application. A person named as having engaged in sexual harassment can choose whether to respond or not.
Small business employers and people who have been named in an application as having engaged in sexual harassment might be eligible for free legal advice through the Commission’s Workplace Advice Service
The Commission will assess the application and any responses or objections to decide next steps. Not all cases follow the same process.
Some cases start with conciliation. When conciliation is successful, both sides reach agreement and the case ends.
Some cases go straight to a Commission Member, without an initial conciliation.
The Member will decide the best process for dealing with the case, which could include conciliation, a conference or formal hearing.
If the case does not settle, you may need to attend a hearing.
Prepare by reading and printing out all the documents in the case. Make sure you bring them with you to the hearing. Ask your witnesses to attend the hearing too.
After the hearing, the Commission Member will make a decision and send it to you. This resolves the case.
If a Member makes a decision or issues an order, the parties can seek permission to appeal the decision or order if they think there has been an error. You can only appeal with the permission of the Commission.