An overview of legal procedure & case law
The Court will conduct a hearing to determine any application made to it in respect of:
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 Court 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.
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 Court this application is made with Form 4 - Claim under the Fair Work Act 2009 alleging contravention of a general protection.
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 Court this application is made with Form 2 – Claim under the Fair Work Act 2009 alleging dismissal in contravention of a general protection.