Section 527S — Fair Work Act 2009: Dealing with a sexual harassment dispute by arbitration

(1) This section applies if: (a) the FWC issues a certificate under paragraph 527R(3)(a) in relation to a dispute; and (b) 2 or more of the parties (the notifying parties) jointly notify the FWC that they agree to the FWC arbitrating the dispute; and (c) the notifying parties include at least one party that is: (i) an aggrieved person in relation to the dispute; or (ii) an industrial association that is entitled to represent the industrial interests of a person who is an aggrieved person in relation to the dispute; and (d) the notifying parties include at least one party that is a respondent in relation to the dispute; and (e) the notification: (i) is given to the FWC within 60 days after the day the certificate is issued, or within such period as the FWC allows on an application made during or after those 60 days; and (ii) complies with any requirements prescribed by the procedural rules. (2) The FWC must: (a) remove as a party to the dispute a party that is not one of the notifying parties; and (b) notify a person who is removed under paragraph (a) of the removal. (3) After doing so, the FWC may deal with the dispute by arbitration, including by: (a) making one or more of the following orders: (i) an order for the payment of compensation to an aggrieved person in relation to the dispute; (ii) an order for payment of an amount to an aggrieved person in relation to the dispute for remuneration lost; (iii) an order requiring a person to perform any reasonable act, or carry out any reasonable course of conduct, to redress loss or damage suffered by an aggrieved person in relation to the dispute; and (b) expressing one or more of the following opinions: (i) an opinion that a respondent in relation to the dispute has sexually harassed one or more aggrieved persons in contravention of Division 2; (ii) an opinion that a respondent in relation to the dispute has contravened Division 2 because of the operation of subsection 527E(1); (iii) an opinion that it would be inappropriate for any further action to be taken in the matter. (4) A person to whom an order under paragraph (3)(a) applies must not contravene a term of the order. Note: This subsection is a civil remedy provision (see Part 4-1).