Section 734B — Fair Work Act 2009: Sexual harassment FWC applications and sexual harassment court applications—interaction with anti-discrimination laws

(1) A person who alleges they have been sexually harassed in contravention of Division 2 of Part 3-5A must not make either of the following applications: (a) a sexual harassment FWC application (other than an application that consists solely of an application for a stop sexual harassment order); (b) a sexual harassment court application; in relation to particular conduct if: (c) an application or complaint under an anti-discrimination law or the Australian Human Rights Commission Act 1986 has been made by, or on behalf of, the person in relation to the conduct; and (d) the application or complaint has not: (i) been withdrawn by the person who made the application; or (ii) failed for want of jurisdiction. (2) A person who alleges they have been sexually harassed in contravention of Division 2 of Part 3-5A must not make an application or complaint under an anti-discrimination law or the Australian Human Rights Commission Act 1986 in relation to particular conduct if: (a) either of the following applications has been made by, or on behalf of, the person in relation to the conduct: (i) a sexual harassment FWC application (other than an application that consists solely of an application for a stop sexual harassment order); (ii) a sexual harassment court application; and (b) the application referred to in paragraph (a) has not: (i) been withdrawn by the person who made the application; or (ii) failed for want of jurisdiction.