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 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 only 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).

[2] Fair Work Act ss.587(1)(a) and 587(2).

[3] Fair Work Act s.587(3).

Updated time

Last updated

15 June 2018

 

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