About this benchbook
This General protections benchbook has been prepared by the Fair Work Commission to assist parties lodging or responding to general protections applications under the Fair Work Act 2009. Information is provided to parties to assist in the preparation of material for matters before the Commission.
Please note: This benchbook incorporates information relating to changes made by the Fair Work Amendment Act 2013 (Cth) which commenced on 1 January 2014. Powers for consent arbitration only apply in relation to dismissals that take effect from 1 January 2014.
The online benchbook is under review, and will be published when the updated version becomes available.
The current PDF version (as at 4 July 2017) is available here:
The content of this resource should be used as a general guide only. The benchbook is not intended to be an authority to be used in support of a case at hearing.
Precautions have been taken to ensure the information is accurate, but the Commonwealth does not guarantee, and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained in this resource or on any linked site.
The information provided, including cases and commentary, are considered correct as of the date of publication. Any changes to legislation and case law will be reflected in updates to this benchbook.
Individual cases have been selected as examples to help users gain a better understanding of the issues covered. These cases should not be considered exhaustive.
This resource is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
In many areas of Indigenous Australia, it is considered offensive to publish photographs or names of Aboriginal and Torres Strait Islander people who have recently died. Users are warned that this resource may inadvertently contain such names.
Links to external websites
Where this site provides links to external websites, these links are provided for the visitor's convenience and do not constitute endorsement of the material on those sites, or any associated organisation, product or service.
The Commission acknowledges the services provided by AustLII, Thomson Reuters and LexisNexis which were used in compiling this resource.