This benchbook has been arranged to reflect the process users would follow when making an application under the general protections provisions.
Issues that may arise at a certain point during the process will be addressed as they come up. As a result, this benchbook may not deal with these issues in the same order as the Fair Work Act 2009.
Note: Given the complexity of the general protections provisions and the wide variety of possible applications, the diagram below sets out the general process followed within the Fair Work Commission for the most common type of application made, that being an application by an employee against their employer.
This flowchart only reflects the role of the Commission under the Fair Work Act, there are other options for addressing alleged breaches of the general protections provisions available through the courts.
Application for general protections dismissal dispute [Form F8] lodged with Commission
Application listed for conference
Response to general protections applications [Form F8A] and submissions from both parties lodged with Commission
Telephone conciliation conducted by Conciliator
Matter NOT settled
Advice on arbitration or court application provided by Conciliator
Referred to a Commission Member with Conciliator report
If Commission Member is not satisfied that reasonable attempts have been made to resolve the matter...
Supplementary conference
If Commission Member is satisfied that reasonable attempts have been made to resolve the matter...
Matter settled
Terms of settlement
Matter NOT settled
Advice on arbitration or court application may be provided by Commission
Certificate issued
BOTH parties agree to arbitration by Commission [Form F8B]
Application for consent arbitration made within 14 days of Certificate
Matter determined
Parties DO NOT agree to arbitration by Commission
General protections court application must be made within 14 days of Certificate
Matter determined
Note: An applicant in a non-dismissal dispute matter may make an application directly to the court, an application does not need to be lodged with the Commission.
Application for general protections non-dismissal dispute [Form F8C] lodged with Commission
Application listed for conference
Advised of need to consent
BOTH parties agree to conference by Commission
Employer response [Form F8A] and submission from both parties lodged with Commission
Conference conducted by Commission Member
Matter settled
Terms of settlement
Parties DO NOT agree to conference by Commission.
General protections court application made by applicant
Matter determined
Matter NOT settled
Advice on court application provided by Commission Member
General protections court application made by applicant
Matter determined