General protections’ court applications

What follows is a summary of the role of the Federal Court and Federal Circuit Court in general protections cases, taken from the Fair Work Commission’s web site.

“Role of the Court in general protections cases

Content

Introduction

The Court will conduct a hearing to determine any application made to it in respect of:

  • an unresolved dismissal dispute (after the Fair Work Commission conference when a certificate has been issued)
  • a non-dismissal dispute after refusal to have a Commission conference, or
  • an application for a dismissal dispute which includes an application for an interim injunction.

Determination after failed conference

General protections court application & dismissal disputes

If the general protections dispute is not resolved during the Commission conference, a person has only 14 days after the day the certificate is issued by the Commission to make a general protections court application in relation to the dispute.

In the Fair Work Division of the Federal Circuit and Family Court of Australia this application is made with Form 2 – Claim under the Fair Work Act 2009 alleging dismissal in contravention of a general protection.

When the Commission issues the certificate, if the parties agree to the Commission arbitrating the dispute then a general protections court application cannot be made in relation to the dispute.

Determination after no conference

General protections court application & non-dismissal disputes

With a non-dismissal dispute, if the parties do not agree to the Commission conducting a conference the matter may proceed directly to Court as a general protections court application.

In the Fair Work Division of the Federal Circuit and Family Court of Australia this application is made with Form 4 – Claim under the Fair Work Act 2009 alleging contravention of a general protection.

Application for dispute with an interim injunction included

General protections court application

If a general protections court application includes an application for an interim injunction, then the dispute does not need to have had a conference with the Commission or a certificate issued.

In the Fair Work Division of the Federal Circuit and Family Court of Australia this application is made with Form 2 – Claim under the Fair Work Act 2009 alleging dismissal in contravention of a general protection.”