See Fair Work Act s.365
then the person (or their industrial association) may apply to the Commission for the Commission to deal with the dispute. If no such application is made, the person cannot take the matter to a Court.
If an employer argues that the applicant left their employment for a reason other than dismissal (such as resignation), the Commission can conduct a conference in an attempt to resolve the dispute as long as:
The Commission does not need to make a determination that the applicant in a s.365 proceeding has been ‘dismissed’ from their employment (within the meaning of s.365), before the Commission can conduct a conference in relation to the dispute.
 Hewitt v Topero Nominees Pty Ltd T/A Michaels Camera Video Digital  FWCFB 6321 (unreported, Ross J, Hatcher VP, Johns C, 3 September 2013) .
 ibid., .