Section 789FH — Fair Work Act 2009 (Cth)

Section 115 of the Work Health and Safety Act 2011 and corresponding provisions of corresponding WHS laws (within the meaning of that Act) do not apply in relation to an application under section 789FC.

Note: Ordinarily, if a worker makes an application under section 789FC for an FWC order to stop the worker from being bullied at work, then section 115 of the Work Health and Safety Act 2011 and corresponding provisions of corresponding WHS laws would prohibit a proceeding from being commenced, or an application from being made or continued, under those laws in relation to the bullying. This section removes that prohibition.

Related sections

• s 789FE — FWC to deal with applications promptly
• s 789FF — FWC may make orders to stop bullying
• s 789FG — Contravening an order to stop bullying
• s 789FI — This Part is not to prejudice Australia’s defence, national security etc.
• s 789FJ — Declarations by the Chief of the Defence Force
• s 789FK — Declarations by the Director‑General of Security

Research how courts apply s 789FH

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