Who can make an application?

Employees in the public sector and employees employed by a local government authority can bring a make a Stop Bullying or Sexual Harassment Application.

Employees in the private sector can only make an application if their employer is not a National System Employer as defined in the Fair Work Act 2009 (Cth). This generally means that you can make an application if you employer is unincorporated, or is not a trading corporation. For example, if your employer is a partnership, sole trader, or a corporation that does not substantially engage in trading or financial activities, you can make a Stop Bullying or Sexual Harassment application.

It is important that, when you fill in your claim form, you be clear and precise when naming your employer. You should try to provide your employer’s correct legal name. For private sector, you should also provide the business name,  A.B.N. or A.C.N.

To help you identify your employer, check your: 

• written employment contract or agreement;
• letter of appointment;
• group certificate;
• pay slip;
• job advertisement; or
• award or industrial agreement.