Introduction
If someone has alleged that they were sexually harassed in connection with work, and we have been asked to deal with the dispute, the employer or principal in the case must use Form F77 to respond within 7 days.
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Who can use this form
Only use this form if:
- you are an employer or principal AND
- we have sent you (served) a copy of Form F75 – Apply for the Commission to deal with a sexual harassment dispute.
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Note: To respond to an application made on Form F72A, you should complete Form F73A – Respond as an employer or principal to an application for an order to stop sexual harassment that commenced prior to 6 March 2023.
Before you start
Important: Send us your response within 7 days of receiving the application.
Have this information ready before you start. You will need to tell us:
- the case number, which is in the information we sent you
- details of the employer or principal, including a contact person and their direct contact details
- details about the employer or principal’s relationship, if any, to the person(s) who alleges they have been sexually harassed in connection with work (the law refers to them as the aggrieved person)
- details about the employer or principal’s relationship, if any, to the person(s) who is alleged to have sexually harassed an aggrieved person(s) in connection with work (we refer to them as the individual respondent)
- the contact details for the employer or principal’s representative (if they have one)
- the employer or principal’s response to the allegations.
Note that we will send a copy of your response to the other people involved in the case.
Only include copies of documents that are directly relevant to the case. We will ask you later if we need more information, documents or evidence.
We store your information in line with the Form F77 privacy notice (pdf).
Confidential (private) information
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If you are worried about particular information being sent to the other people involved, don’t include it yet. Lodge your completed form and then contact us to talk about whether you should provide the information.
If you want to send us information that is confidential, you can apply for confidentiality orders (see Keeping a case confidential for more information).
A Commission Member will decide if orders should be made to keep some or all of your information confidential.
Lodge now
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Email your completed form to WDT@fwc.gov.au.
If you can't email the form, you can send or deliver it to the Commission office near you.
What happens next
We will send a copy of your response to the other people involved in the case.
Once all the people involved in the case have been asked to send us their forms, a Commission Member will decide on next steps. This could be a conciliation, conference or hearing.
We will tell you what will happen next. Make sure you check your phone and email regularly.
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If you are worried about particular information being sent to the other people involved, don’t include it yet. Lodge your completed form and then contact us to talk about whether you should provide the information.
Where to find legal help
Find out where to find legal help, including free legal advice for eligible people and small businesses from our Workplace Advice Service.
Rules and regulations for this form
Fair Work Act 2009: Section 527F
Fair Work Commission Rules 2024: Rule 84