Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p83
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 83/154)
Character Range: 413679–416365

not apply to an application brought by a Fair Work Inspector.

34.04  Application in relation to alleged unlawful termination of employment
 (1) A person who wants to make an application by an employee for an order in relation to an alleged unlawful termination of the employee's employment that occurred on or after 1 July 2009 must file an originating application, in accordance with Form 80.
 (2) The application must include any other claim for relief that the applicant wants to make in addition to the claim mentioned in subrule (1).
 (3) The application must be accompanied by a certificate issued by the Fair Work Commission under the Fair Work Act that the Fair Work Commission is satisfied that all reasonable attempts to resolve the dispute have been, or are likely to be, unsuccessful.
Note: Sections 545 and 546 of the Fair Work Act set out the orders the Court may make.
 (4) Subrule (3) does not apply to an application brought by a Fair Work Inspector.

34.05  Application in relation to alleged discrimination
 (1) A person who wants to make an application for an order in relation to an alleged contravention of section 351(1) of the Fair Work Act must file an originating application, in accordance with Form 81.
 (2) The application must include any other claim for relief that the applicant wants to make in addition to the claim mentioned in subrule (1).
 (3) An application in relation to alleged discrimination involving dismissal must be accompanied by a certificate issued by the Fair Work Commission under the Fair Work Act 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: Under section 351(1) of the Fair Work Act, an employer must not take adverse action against a person who is an employee, or prospective employee, of the employer because of the person's race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction or social origin. Adverse action is defined in section 342 of the Fair Work Act.
Note 2: Sections 545 and 546 of the Fair Work Act set out the orders the Court may make.
 (4) Subrule (3) does not apply to an application brought by a Fair Work Inspector.

34.05A  Application in relation to alleged sexual harassment
 (1) A person who wants to make an application for an order in relation to an alleged contravention of section 527D(1) of the Fair Work Act must file an originating application, in accordance with Form 81A.
Note: Section 527T(3) of the Fair Work Act sets out the specified periods in which a sexual