Application by A B

[2023] FWC 2183

[2023] FWC 2183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.527F - Application to deal with a sexual harassment dispute

Application by A B

(SH2023/10)

COMMISSIONER HUNT BRISBANE, 30 AUGUST 2023

Application to deal with a sexual harassment dispute

1. On 19 June 2023, a Form F75 – Application for the Fair Work Commission to deal with a sexual harassment dispute was filed by a person under 18 years of age (the Applicant). The Applicant stated that she was represented by her mother.   

1. The application was made for the Fair Work Commission (the Commission) to deal with a sexual harassment dispute by making a stop sexual harassment order and by otherwise dealing with the dispute.

1. The three respondents named in the application work with the Applicant, each in casual roles and are all under 18 years of age.

1. On account of the sensitivity of the application before the Commission and the alleged criminal nature of the allegations contained within the application, together with the age of the Applicant and the three respondents, I made a Confidentiality Order [PR764134] on 12 July 2023 where I ordered that the Applicant must only be named or identified as Ms AB.

1. I convened a video conference of the parties on 19 July 2023, together with the employer of the parties.  All of the parties aged under 18 years appeared in the company of at least one parent.  The Applicant and the employer were legally represented. 

1. Prior to the video conference, I provided in writing, a warning to all parties in respect of claiming privilege against self-incrimination.  I repeated the warning at the commencement of the video conference.

1. Following the conference, the Applicant’s legal representative sought a further in-person conference between the Applicant and her employer.  This was convened before me on 17 August 2023. The Applicant and the employer were legally represented.

1. On 17 August 2023, I made a further Confidentiality Order [PR765296], ordering that the first respondent be identified only as Ms UV, the second respondent only as Mr WX, and the third respondent only as Ms YZ.

1. The Applicant, Ms UV and Ms YZ have, through their parents and relevant legal representatives, agreed to the Commission making consent orders in respect of future conduct.

1. On account of the consent position reached between the Applicant and Ms UV, and the Applicant and Ms YZ, I consider it appropriate to issue a consent order in respect of each of the first and third respondents. I do so pursuant to s.527J of the Fair Work Act 2009.

COMMISSIONER

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