Notice of agreement to consent arbitration of a sexual harassment dispute (Form F78)

Only use Form F78 if: 

• you are a party in a sexual harassment dispute case 
• we have tried to resolve your case at conciliation or a conference, but were not able to 
• we issued a certificate no more than 60 days ago 
• you agree to let a Commission Member arbitrate (decide) the case 
• the applicant has not already applied to the court for this case. 

Have this information ready before you start. You will need to tell us:

• the case number from the sexual harassment dispute case
• the date we issued a certificate after the conference
• details of any representative such as a lawyer, paid agent, union or employer association.

The parties to a sexual harassment dispute can agree to participate in arbitration. Not all parties need to agree to participate. A Commission Member can arbitrate a sexual harassment dispute if the parties who agree to arbitration include:

• at least one applicant, or a union or employer association that can represent the applicant, and
• at least one respondent, this can be a person who is said to have engaged in sexual harassment, or an employer or principal named in the application.

Each party who agrees must send us (lodge) a signed Form F78 within 60 calendar days after we issued the certificate.

We may accept a late notice. If your notice is late, answer question 5 on the form to tell us why we should agree to extend the deadline.

We store your information in line with our Privacy notice (pdf).

After we receive all the notices of consent, we will arrange a consent arbitration hearing.

We will tell all the parties the time, date and location of the hearing.

Fair Work Act 2009: Section 527S