Introduction
When a person believes you sexually harassed them and names you in their application, you can tell us your side of the case if you want. Use Form F74A to respond within 7 days.
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Who can use this form
Only use Form F74A if you:
- are named in an application as having sexually harassed another person AND
- have received a Form F72A and want to respond.
Before you start
Have this information ready before you begin. You will need to tell us:
- the name of the person who made the application
- the case (matter) number, which is in the information we sent you
- your contact details
- your lawyer or paid agent's contact details (if you have one)
- your employer’s or principal's details
- what you know about the alleged sexual harassment
- your response to the applicant’s claim
- what actions your employer or principal may have taken about the issue
- if you have a jurisdictional objection.
We store your information in line with our Privacy notice (pdf).
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Within 7 days of receiving the application, send your response with the case number to ABSH@fwc.gov.au.
You can also send or deliver it to the Commission office near you.
We will usually ask you to send (serve) a copy of your response to other people involved in the case. Use their contact details in the application (Form F72A) and responses (Form F73A and Form F74A). These people may be:
- the person who made the application
- each other person named in the application
- each employer or principal named in the application
- any lawyers or paid agents.
The deadline to do this is 7 days after we send you the application.
You can include the other parties in the email you send to us. If you send your response to the other parties in a different way, you will need to tell us.
What happens next
Once we receive your response, we will let you know the next steps.
You may need to attend a conference or hearing. with all parties to try to resolve the issue with a Member.
Rules and regulations for this form
Fair Work Act 2009: Section 789FC
Fair Work Commission Rules 2013: Rule 23A(3), Schedule 1