The Fair Work Act provides the Commission with flexibility to inform itself as it considers appropriate in relation to an application for an order to stop the bullying or sexual harassment (or both). This may include contacting the employer or other parties to the application, conducting a conference or holding a formal hearing.
The President may refer a matter to a work health and safety (WHS) regulator where it considers this is necessary and appropriate. If such a referral is made, it does not necessarily mean that the Commission will defer dealing with an application before it. The Fair Work Act specifically provides that an applicant may have an action under a WHS law as well as an application to stop bullying or sexual harassment (or both) before the Commission.