The definition of 'workplace' in s 28B(7) is cast in wide terms and is not confined to the place of work but extends to a place at which the participants work or otherwise carry out functions in connection with being a workplace participant.

Temporal considerations such as whether harassment occurred during working hours or whilst participants were working are not expressly referred to in s 28B and do not suggest that such a restriction was generally intended.

Common areas such as entrances, lifts, corridors, kitchens and toilets associated with a workplace are not to be construed as falling beyond the geographical scope of s 28B(6); to do so would significantly undermine the object of eliminating sexual harassment in the workplace.

The phrase 'in the course of providing services' in s 28G(1) of the SDA does not require the harasser to be 'client-facing' and may extend to employees in back-office functions who assist in operations that allow services to function.

Where employment provides opportunity and means to access information necessary to conduct sexual harassment, and work equipment is used to do so, it is reasonably arguable that the harassment occurred in the course of providing services.

Even if the only connection between sexual harassment and provision of service is the opportunity to engage in harassment, it is reasonably arguable that the creation of such opportunity provides sufficient connection for the harassment to occur 'in the course of providing services' under s 28G(1).

A person who alleges sexual harassment in contravention of Part 3-5A of the Fair Work Act 2009 must not make a sexual harassment FWC application in relation to particular conduct if an application or complaint has been made under the Australian Human Rights Commission Act 1986 in relation to that conduct and it has not been withdrawn or failed for want of jurisdiction.

Section 734B prevents multiple complaints or applications in relation to the same particular conduct under both the Fair Work Act and anti-discrimination laws or the AHRC Act. The focus is on whether the applications are about the same conduct, not whether they arise from the same employment relationship or involve the same parties.

The FWC's role in dealing with sexual harassment disputes under s 527R is to attempt to resolve the matter through conciliation or mediation, and if unsuccessful, to issue a certificate enabling progress to court or arbitration by consent. Lack of employment or absence of damages power does not deprive the application of utility.

The prohibition in s.734B(1) is engaged where applications or complaints under anti-discrimination law or the AHRC Act relate to the same 'particular conduct' as a sexual harassment FWC application, regardless of whether there is substantive 'overlap' in the scope or claims made.

For a stop sexual harassment order to be made under s.527J, the Commission must be satisfied both that the aggrieved person has been sexually harassed in contravention of Division 2 and that there is a risk that the aggrieved person will continue to be sexually harassed by the person in the future.

Once a certificate is issued under s.527R(3), the application becomes solely an application for a stop sexual harassment order, removing the protection in s.587(2) that prevents dismissal on grounds of no reasonable prospects of success.