Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.05

Application in relation to alleged discrimination

             (1)  A person who wants to make an application for an order in relation to an alleged contravention of section 351(1) of the Fair Work Act must file an originating application, in accordance with Form 81.

             (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)  An application in relation to alleged discrimination involving dismissal must be accompanied by a certificate issued by the Fair Work Commission under section 369 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 1:       Under section 351(1) of the Fair Work Act, an employer must not take adverse action against a person who is an employee, or prospective employee, of the employer because of the person's race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin. Adverse action is defined in section 342 of the Fair Work Act.

Note 2:       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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