CTHRepealedLegislation
Fair Work Commission Rules 2013
20Objection to unfair dismissal application on jurisdictional or other grounds
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#### 20 Objection to unfair dismissal application on jurisdictional or other grounds
(1) This rule applies to the respondent to an unfair dismissal application if:
(a) the respondent wants to raise an objection to the application under section 396 of the Act; and
(b) the objection may need to be considered and determined before a conference or hearing on the merits of the application; and
(c) the objection is not an objection that the dismissal was fair.
> Note: Section 396 of the Act provides that the Commission must decide certain matters relating to an unfair dismissal application before considering whether the termination is harsh, unjust or unreasonable.
(2) The respondent must:
(a) give details of the objection in the response lodged by the respondent under rule 19; or
(b) if the objection is taken after the response has been lodged—lodge the objection in the approved form.
> Note: Information about the grounds upon which a respondent can object to an application for an unfair dismissal remedy is available at www.fwc.gov.au.
(3) If:
(a) 2 or more unfair dismissal applications are lodged at the same time in respect of a respondent; and
(b) the applications allege the same or substantially similar conduct; and
(c) the respondent wants to raise an objection to 2 or more of the applications; and
(d) the substance of the respondent’s objection is substantially the same for each of the applications;
the respondent may lodge one objection for all of the applications.