Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 396

Initial matters to be considered before merits

                   The FWC must decide the following matters relating to an application for an order under Division 4 before considering the merits of the application:

                     (a)  whether the application was made within the period required in subsection 394(2);

                     (b)  whether the person was protected from unfair dismissal;

                     (c)  whether the dismissal was consistent with the Small Business Fair Dismissal Code;

                     (d)  whether the dismissal was a case of genuine redundancy.



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