Fair Work Commission

Dealing with a dismissal dispute (other than by arbitration)

See Fair Work Act s.368

If a person believes that there has been a breach of the general protections provisions and they have been dismissed, they can make a general protections dismissal dispute application.

The Fair Work Commission may deal with a dismissal dispute by conference.

Dealing with a non-dismissal dispute

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.

Dealing with a dismissal dispute by arbitration

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:

• the dismissal took effect on or after 1 January 2014
• an application for the Commission to deal with the dismissal dispute is lodged within 21 calendar days from the date the dismissal took effect (or within such a period as the Commission allows)
• there have been no other applications or complaints lodged in relation to the dismissal (multiple actions)
• after conducting a conference, the Commission has issued a certificate stating that it is satisfied that all reasonable attempts to resolve the dispute have been unsuccessful
• the parties to the dispute agree to the Commission arbitrating the dispute, and
• the parties to the dispute notify the Commission within 14 calendar days of the certificate being issued (or within such a period as the Commission allows).

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