Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 370

Taking a dismissal dispute to court

                   A person who is entitled to apply under section 365 for the FWC to deal with a dispute must not make a general protections court application in relation to the dispute unless:

                     (a)  both of the following apply:

                              (i)  the FWC has issued a certificate under paragraph 368(3)(a) in relation to the dispute;

                             (ii)  the general protections court application is made within 14 days after the day the certificate is issued, or within such period as the court allows on an application made during or after those 14 days; or

                     (b)  the general protections court application includes an application for an interim injunction.

Note 1:       Generally, if the parties notify the FWC that they agree to the FWC arbitrating the dispute (see subsection 369(1)), a general protections court application cannot be made in relation to the dispute (see sections 727 and 728).

Note 2:       For the purposes of subparagraph (a)(ii), in Brodie-Hanns v MTV Publishing Ltd (1995) 67 IR 298, the Industrial Relations Court of Australia set down principles relating to the exercise of its discretion under a similarly worded provision of the Industrial Relations Act 1988 .



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