Muhammad Ahsen Shahzad v Grand Group Services Pty. Ltd., Rana Asad [2025] FWC 3816 (12 December 2025)

• [3] The Fair Work Commission can deal with applications under s.365 of the Act by way of conciliation or mediation under s.368. If the Commission is satisfied that all reasonable attempts to resolve the dispute have been or are likely to be unsuccessful it can issue a certificate under s.368(3). Section 370 imposes a substantial restriction upon applicant's by preventing a general protections court application being made unless the FWC has issued a certificate under s 368(3)(a) in relation to the dispute (Ward v St Catherine's School [2016] FCA 790 at [3]).

• [4] The Full Court in Coles Supply Chain v Milford [2020] FCAFC 152 at [51], [2020] FCAFC 152; (2020) 300 IR 146 found that the FWC's power to deal with a dispute under s.368 is only enlivened if an application is properly made under s.365. When a jurisdictional objection is raised the FWC must determine whether the application was properly made, which might include determining whether an applicant was actually dismissed from their employment.

• [7] In Bupa Aged Care Australia Pty Ltd v Tavassoli [2017] FWCFB 3941 at [47]- [48], [2017] FWCFB 3941; (2017) 271 IR 245 at 268-9 (Tavassoli), the Full Bench summarised the relevant tests under s.386 as follows:

(2020) 300 IR 146

(2017) 271 IR 245