FAIR WORK ACT 2009 - SECT 734B Sexual harassment FWC applications and sexual harassment court applications--interaction with anti - discrimination laws

FAIR WORK ACT 2009 - SECT 734B

  (1)   A person who alleges they have been sexually harassed in contravention of Division   2 of Part   3 - 5A must not make either of the following applications:

  (a)   a sexual harassment FWC application (other than an application that consists solely of an application for a stop sexual harassment order);

  (b)   a sexual harassment court application;

in relation to particular conduct if:

  (c)   an application or complaint under an anti - discrimination law or the Australian Human Rights Commission Act 1986 has been made by, or on behalf of, the person in relation to the conduct; and

  (d)   the application or complaint has not:

  (i)   been withdrawn by the person who made the application; or

  (ii)   failed for want of jurisdiction.

  (2)   A person who alleges they have been sexually harassed in contravention of Division   2 of Part   3 - 5A must not make an application or complaint under an anti - discrimination law or the Australian Human Rights Commission Act 1986 in relation to particular conduct if:

  (a)   either of the following applications has been made by, or on behalf of, the person in relation to the conduct:

  (i)   a sexual harassment FWC application (other than an application that consists solely of an application for a stop sexual harassment order);

  (ii)   a sexual harassment court application; and

  (b)   the application referred to in paragraph   (a) has not:

  (i)   been withdrawn by the person who made the application; or

  (ii)   failed for want of jurisdiction.