Fair Work Commission

Introduction

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.

General protections process under the Fair Work Act

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.

Flowchart – Dismissal dispute process

Flowchart – Non-dismissal dispute process

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.