Section 527CA — Fair Work Act 2009: Concurrent operation of State and Territory laws

(1) This Part does not exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part. (2) Without limiting subsection (1), this Part does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that: (a) the law makes an act or omission: (i) an offence; or (ii) subject to a civil penalty; and (b) that (or any similar) act or omission constitutes a contravention of a civil remedy provision of this Part. (3) Without limiting subsection (1), this Part does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that the law allows an application to be made to a person, court or body: (a) for an order or other direction (however described) to prevent a person from being sexually harassed; or (b) to deal with a dispute relating to an allegation that a person has been sexually harassed (whether or not by arbitration). For this purpose, it is irrelevant whether: (c) sexual harassment has a different meaning for the purposes of the law to the meaning it has for the purposes of this Act; or (d) the law describes the conduct prevented, or to which the dispute relates, as sexual harassment. Note 1: An order made under this Part, or under Division 2 of Part 4-1 in relation to a contravention of this Part, will prevail over any order or other direction made by a person, court or body under a law of a State or Territory, to the extent of any inconsistency. Note 2: Generally, section 734B prevents multiple applications or complaints under both this Act and State and Territory anti-discrimination laws in relation to the same conduct. (4) Section 26 has effect subject to this section.