Use Form F78 to notify us that you consent to arbitration in a sexual harassment dispute case. All parties who intend to participate must sign this form before sending it to us. This shows you agree to the process.
On this page:
Before you start
Have this information ready before you begin Form F78:
the case (‘matter’) number from the sexual harassment dispute case
the date the Commission issued a certificate after the conference
details of any representative such as a lawyer, paid agent, union or employer association.
Who can use this form
Only use Form F78 if:
you are a party in a sexual harassment dispute case
the Commission issued a certificate* no more than 60 days ago
you agree to the Commission arbitrating the case
the applicant has not already applied to the court for this case.
The parties to a sexual harassment dispute can agree to participate in arbitration. Not all parties need to agree to participate. The Commission has power to arbitrate a sexual harassment dispute if the parties who agree to arbitration include:
- at least one aggrieved person (that is, the person who alleges they were sexually harassed in connection with work) and/or an industrial association that is entitled to represent the industrial interests of an aggrieved person, and
- at least one respondent. A respondent includes a person who is said to have engaged in sexual harassment in connection with work, or an employer/principal named in a sexual harassment dispute application.
Submit Form F78 within 60 calendar days after the Commission issued the certificate. If your application is late, answer question 5 to tell us the reason we should agree to extend the deadline. We may accept a late application.
Email your completed form to ABSH@fwc.gov.au. You can also send or deliver your application to the Commission office near you.
We store your information in line with our Privacy notice.
What happens next?
After you apply, we tell all parties the time, date and location for the hearing.
The aggrieved person(s) cannot apply to a federal court when they agree to arbitration.
Rules and regulations for this form
Fair Work Act 2009: Section 527S.