Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p19
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 19/23)
Character Range: 210859–213526

has the same meaning in that Division as it has in the Registered Organisations Act; and
 (c) an expression used in Division 30.6 of these Rules and in the Building and Construction Industry Act has the same meaning in that Division as it has in the Building and Construction Industry Act.

30.03  Application of Part 30
 (1) This Part applies to a proceeding in the Court to which the Fair Work Act, the Registered Organisations Act or the Building and Construction Industry Act applies.
 (2) Chapter 1 applies, to the extent that it is relevant and not inconsistent with this Chapter, to a proceeding in the Court to which the Fair Work Act, the Registered Organisations Act or the Building and Construction Industry Act applies.

Division 30.2—Contraventions of the Fair Work Act

30.04  Application in relation to dismissal from employment in contravention of a general protection (Fair Work Act, subsection 539(2), table item 11)
  An application for an order in relation to an allegation that an employee was dismissed in contravention of a general protection mentioned in Part 3‑1 of the Fair Work Act must:
 (a) be in accordance with the approved form; and
 (b) be accompanied by:
 (i) a claim in accordance with the approved form; and
 (ii) unless the application includes an application for an interim injunction, a certificate issued by the Fair Work Commission under the Fair Work Act that provides that the Fair Work Commission is satisfied that all reasonable attempts to resolve the dispute have been, or are likely to be, unsuccessful.
Note 1: Sections 545 and 546 of the Fair Work Act state the orders the Court may make.
Note 2: Part 4 of Chapter 1 of these Rules sets out general rules about starting proceedings.
Note 3: An application filed under this rule need not be accompanied by an affidavit, statement of claim or points of claim (see rule 4.04).

30.05  Application in relation to alleged unlawful termination of employment (Fair Work Act, subsection 539(2), table item 35)
  An application for an order in relation to an alleged unlawful termination of an employee's employment must:
 (a) be in accordance with the approved form; and
 (b) be accompanied by:
 (i) a claim in accordance with the approved form; and
 (ii) unless the application includes an application for an interim injunction, a certificate issued by the Fair Work Commission under the Fair Work Act that provides that the Fair Work Commission is satisfied that all reasonable attempts to resolve the dispute have been, or are likely to be, unsuccessful.
Note 1: Sections 545 and 546 of the Fair Work Act state the orders the Court may make.
Note 2: Part 4 of Chapter 1 of