Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.04

Application in relation to alleged unlawful termination of employment

             (1)  A person who wants to make an application by an employee for an order in relation to an alleged unlawful termination of the employee's employment that occurred on or after 1 July 2009 must file an originating application, in accordance with Form 80.

             (2)  The application must include any other claim for relief that the applicant wants to make in addition to the claim mentioned in subrule (1).

             (3)  The application must be accompanied by a certificate issued by the Fair Work Commission under section 777 of the Fair Work Act that the Fair Work Commission is satisfied that all reasonable attempts to resolve the dispute have been, or are likely to be, unsuccessful.

Note:          Sections 545 and 546 of the Fair Work Act set out the orders the Court may make.

             (4)  Subrule (3) does not apply to an application brought by a Fair Work Inspector.



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