Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 779

FWA conference to be held before application

             (1)  A person who is entitled to apply under section 773, to FWA for FWA to deal with a dispute must not make an unlawful termination court application in relation to the dispute unless:

                     (a)  FWA has issued a certificate under section 777 in relation to the dispute; or

                     (b)  the unlawful termination court application includes an application for an interim injunction.

Time for application

             (2)  Despite section 544, an unlawful termination court application that requires a certificate under section 777 must be made within 14 days after the certificate is issued, or within such period as a court allows on an application made during or after those 14 days.

Note:          In Brodie-Hanns v MTV Publishing Ltd (1995) 67 IR 298, the Industrial Relations Court of Australia set down principles relating to the exercise of its discretion under a similarly worded provision of the Industrial Relations Act 1988 .