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 application and want to respond.
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Note: To respond to an application made on Form F75, you should complete Form F76 – Individual respondent’s response to an application to deal with a sexual harassment dispute.
Before you start
Important: If you choose to respond, send us your response within 7 days of receiving the application.
Have this information ready before you begin. You will need to tell us:
- the name of the person who made the application
- the case 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 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 involved in the case.
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.
We store your information in line with the Form F74A 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 [email protected].
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.
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.
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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.
Rules and regulations for this form
Fair Work Act 2009: Section 789FC
Fair Work Commission Rules 2024: Rule 87, Schedule 1