Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p82
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 82/154)
Character Range: 411332–413911

a person who was under an obligation to perform or observe the rule or rules of the organisation has acted unreasonably in breaching the rule or rules.
Note 4: Under section 167(1) of the Registered Organisations Act, a person or organisation may apply to the Court for a declaration about the entitlement of a person to be admitted as a member of the organisation or to remain a member of the organisation. Under section 167(2) of the Registered Organisations Act, the Court may make an order to give effect to a declaration made under that section.
Note 5: Section 701 of the Fair Work Act provides that the Fair Work Ombudsman is a Fair Work Inspector.
 (2) Unless a contrary intention appears:
 (a) an expression used in rules 34.03 to 34.05A and in the Fair Work Act has the same meaning in rules 34.03 to 34.05A as it has in the Fair Work Act; and
 (b) an expression used in rules 34.06 to 34.08 and in the Registered Organisations Act has the same meaning in rules 34.06 to 34.08 as it has in the Registered Organisations Act.

34.02  Application of Division 34.1 and other provisions of these Rules
  Each party to the proceeding to which the Fair Work Act or the Registered Organisations Act applies must comply with:
 (a) this Division; and
 (b) any other of these Rules that are relevant and consistent with this Division.

34.03  Application in relation to dismissal from employment in contravention of a general protection
 (1) A person who wants to make 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 file an originating application, in accordance with Form 79.
 (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).
Note: Rule 34.05 provides for an application for an order in relation to a contravention of section 351(1) of the Fair Work Act.
 (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.

34.04  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