Application by the Applicant
Citation: [2026] FWC 2569
At a glance
- Employees affected
- 1
What happened
An applicant (TW) filed an application with the Fair Work Commission on April 27, 2026, seeking a stop sexual harassment order and for the Commission to deal with a dispute. The respondent was an employer, which had changed ownership since the alleged harassment occurred. Both current and previous owners, along with the person named in the application, were involved. TW failed to attend scheduled online case management conferences on June 22 and July 1, 2026, despite reminders and warnings about potential dismissal. The applicant did not engage with the Commission following allocation of the file.
What was decided
The Fair Work Commission dismissed TW’s application for stop sexual harassment orders. Commissioner Thornton found that the application had no reasonable prospects of success because TW failed to attend conferences or communicate with the Commission, despite multiple opportunities and warnings. A certificate regarding the sexual harassment dispute was issued on July 6, 2026. The Commission made the decision on its own initiative, citing section 587(1)(c) of the Fair Work Act.
What it means for employers
Employers should ensure they have processes for responding to and managing workplace complaints, including sexual harassment allegations. Changes in ownership do not negate responsibilities under workplace laws. Maintaining communication with all parties involved is crucial during Fair Work Commission proceedings.
What it means for employees
Employees who lodge applications with the Fair Work Commission must actively engage in the process by attending conferences and responding to communications. Failure to do so can result in the dismissal of their application, as seen in this case.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →