H.C.

[2025] FWC 3102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.527F - Application for an order to stop sexual harassment

H.C.

(SH2025/139)

COMMISSIONER MCKINNON

SYDNEY, 16 OCTOBER 2025

Application for an order to stop sexual harassment

On 10 August 2025, H.C. applied for an order to stop sexual harassment under s.527F of the Fair Work Act 2009 (Cth) (the Act) in relation to employment by the Rainbow Beach Sports Club. The application alleged sexual harassment by another employee of the Club.

On 22 August 2025, H.C. resigned from employment with effect on 27 August 2025. There is no dispute that H.C. is no longer interacting with the person alleged to have engaged in sexual harassment and on the materials, no likelihood of that position changing in the future.

Section 587(1) of the Act provides:

“ Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:
(a)       the application is not made in accordance with this Act; or
(b)       the application is frivolous or vexatious; or
(c)       the application has no reasonable prospects of success.”

I have decided to dismiss the application because it has no reasonable prospects of success. H.C. is no longer working for or in connection with the Club and there is no apparent future risk of H.C. being sexually harassed in connection with work by the person named in the application. It follows that no order to stop the alleged sexual harassment could be made in the circumstances.

Order

Application SH2025/139 is dismissed under s.587(1)(c) of the Act.

COMMISSIONER

Determined on the papers

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for an order to prevent ongoing sexual harassment. The applicant was a woman who had been subjected to unwelcome advances and sexually explicit comments from her male colleague, the respondent. The application was heard in the Federal Circuit Court of Australia. The applicant sought an injunction to protect her from further harassment and a declaration that the respondent's conduct constituted sexual harassment.

The court had to determine whether the respondent's conduct amounted to sexual harassment and whether the applicant was entitled to the relief sought. The court considered the definition of sexual harassment under the Sex Discrimination Act 1984 and the relevant case law. The court found that the respondent's conduct, which included unsolicited comments about the applicant's body, unwelcome advances, and persistent requests for a sexual relationship, constituted sexual harassment. The court also found that the applicant had established a real and immediate risk of further harassment if no order was made.

The court granted the applicant's application for an injunction and a declaration. The court found that the applicant had demonstrated a real and immediate risk of further harassment and that an order was necessary to protect her from further harm. The court made an order prohibiting the respondent from engaging in any conduct that amounted to sexual harassment towards the applicant. The court also made a declaration that the respondent's conduct constituted sexual harassment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established