See Fair Work Act s.368
If a person has been dismissed, and believes that they were dismissed in breach of the general protections provisions, they can make a general protections dismissal dispute application.
The Fair Work Commission may deal with a dismissal dispute by conference.
See Fair Work Act s.374
If a person believes that there has been a breach of the general protections provisions however they have not been dismissed, they can make a general protections non-dismissal dispute application.
If the parties to the dispute agree to participate, the Commission may deal with a non-dismissal dispute by conference.
Note: An applicant in a non-dismissal dispute matter may make an application directly to the Court, an application does not need to be lodged with the Commission.
If the parties to the non-dismissal dispute do not agree to a conference at the Commission, the applicant can take the dispute directly to the Federal Court or Federal Circuit and Family Court as a general protections court application.
One of the grounds the Court looks at in regard to ordering costs is whether a party unreasonably refused to participate in a matter before the Commission.[1]
See Fair Work Act ss. 369 and 595
The Commission may deal with a dispute by arbitration (including by making any orders it considers appropriate) only if expressly authorised to do so under or in accordance with the Fair Work Act.
If the Commission has issued a certificate stating that the dismissal dispute could not be resolved by conference, the parties can agree to have the dismissal dispute heard by arbitration.
The Commission can arbitrate a general protections dismissal dispute if the following circumstances exist:
[1] Fair Work Act s.570(2)(c)(i)