Role of the Court in general protections cases

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.

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.

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.

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.