Introduction
If you are an employer or principal named in an application for an order to stop sexual harassment at work that happened or started before 6 March 2023, use Form F73A to respond within 7 days.
On this page:
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Who can use this form
Only use this form if:
- you are an employer or principalAND
- we have sent you (served) a copy of Form F72A – Application for an order to stop sexual harassment that commenced prior to 6 March 2023.
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Note: To respond to an application made on Form F75, you should complete Form F77 – Respond as an employer or principal to an application to deal with a sexual harassment dispute.
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
- your company or organisation details
- your lawyer or paid agent'scontact details (if you have one)
- whether the person who made the application and any person namedare still employed or engaged at the workplace
- whether you were aware of the alleged sexual harassment and steps you took in response
- if you have a sexual harassment policy and how or whether it was applied
- whether you have any jurisdictionalobjections.
We usually ask you to send (
serve
) a copy of your response to other people involved in the case. Use their contact details from the application form (Form F72A) or response form (Form F74A). We usually ask you to serve:- the person who made the application
- each person named in the application as an alleged sexual harasser
- each employer or principal named in the application
- any lawyer or paid agentinvolved in the case.
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.
We store your information in line with the Form F73A privacy notice (pdf).
Confidential (private) information
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If you are worried about providing particular information 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 response with the case number to WDT@fwc.gov.au.
If you can't email your response, you can send or deliver it to the Commission office near you.
What happens next
Remember to send a copy of your response to the other people involved in the case.
Once we receive your response, we will contact you to let you know the next steps.
You may need to attend a conference or hearing where a Commission Member will try to help resolve the issue.
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If you are worried about providing particular information 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 789FC
Fair Work Commission Rules 2024: Rule 87, Schedule 1