Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 45.04

Application in relation to alleged unlawful termination of employment (Workplace Relations Act)

             (1)  This rule applies to an application for an order in relation to an alleged unlawful termination of an employee's employment which occurred before 1 July 2009.

Note:          Item 11 of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 provides that the Workplace Relations Act continues to apply, on and after the WR Act repeal day, to conduct that occurred before the WR Act repeal day. The WR Act repeal day is 1 July 2009.

             (2)  The application must be:

                     (a)  in accordance with the approved form; and

                     (b)  accompanied by:

                              (i)  a claim in accordance with the approved form; and

                             (ii)  a certificate issued under subsection 650(2) of the Workplace Relations Act regarding the failure, or likely failure, of conciliation.

Note 1:       Section 665 of the Workplace Relations Act sets out the orders the Court may make.

Note 2:       Part 4 of Chapter 1 sets out the general rules concerning how to start proceedings.

Note 3:       An application filed under this rule need not be accompanied by an affidavit, statement of claim or points of claim in accordance with rule 4.05.



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