See Fair Work Act ss.723 and 772
A person must not make an unlawful termination application in relation to conduct if the person is entitled to make a general protections court application in relation to the conduct.
This provision of the Fair Work Act 2009 prevents a person from making an unlawful termination application if they are able to make an application to a Court under the general protections provisions in relation to the same dismissal. This is because the general protections and unlawful termination provisions cover the same grounds relating to when a dismissal is for a prohibited reason.
The unlawful termination provisions are only intended to be an extension of these protections to persons who are not covered by the general protections provisions.
The additional coverage in unlawful termination arises because these provisions rely on the external affairs power, as they give effect, or further effect, to the ILO Convention (No. 158) concerning Termination of Employment at the Initiative of the Employer (Geneva, 22 June 1982)  ATS 4.
Comparison – unlawful termination
Coverage: ALL Australian employees (through ILO Conventions)
Cost for application: $83.30 (can be waived in cases of serious financial hardship)
Lodgment time limit: 21 days
High income threshold: No limit
Maximum amount of compensation possible: No limit