Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 45.06

Application in relation to dismissal from employment in contravention of a general protection (Fair Work Act, s 539(2), table, item 11)

                   An application for an order in relation to an allegation that an employee was dismissed in contravention of a general protection mentioned in Part 3-1 of the Fair Work Act must:

                     (a)  be in accordance with the approved form; and

                     (b)  be accompanied by:

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

                             (ii)  unless the application includes an application for an interim injunction, a certificate issued by the Fair Work Commission under the Fair Work Act that provides that the Fair Work Commission is satisfied that all reasonable attempts to resolve the dispute have been, or are likely to be, unsuccessful.

Note 1:       Sections 545 and 546 of the Fair Work Act state 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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