Power to dismiss applications

 

 

Contains issues that may form the basis of a jurisdictional issue

See Fair Work Act s.587

An application in respect of a general protections non-dismissal dispute or a general protections dismissal dispute may fail on jurisdictional grounds.

An application in respect of a general protections non-dismissal dispute can be dismissed by the Fair Work Commission on the grounds that the application is not made in accordance with the Fair Work Act, is frivolous or vexatious or has no reasonable prospect of success.[1]

An application in respect of a general protections dismissal dispute may be dismissed on the ground that the application is not made in accordance with the Fair Work Act.[2]

The Commission can dismiss an application under s.587(1) on its own motion or upon application.[3]

References

[1] Fair Work Act s.587(1). See further Coles Supply Chain Pty Ltd v Milford [2020] FCAFC 152 [69].

[2] Fair Work Act ss.587(1)(a) and 587(2). See further Coles Supply Chain Pty Ltd v Milford [2020] FCAFC 152 [69].

[3] Fair Work Act s.587(3).

Updated time

Last updated

25 September 2020

 

 

 

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