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Fair Work Commission Rules 2024
21Serving documents lodged with the FWC
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21 Serving documents lodged with the FWC
If a document of a kind mentioned in column 3 of an item of the table in Schedule 1 is lodged with the FWC, a copy of the document must be served:
(a) by the person mentioned in column 5 of the item (which may be the FWC); and
(b) on each person (if any) mentioned in column 6 of the item, excluding themselves; and
(c) at the time, or within the period, mentioned in column 7 of the item.
Example: If a person makes an unfair dismissal application to the FWC, the FWC must serve a copy of the completed form F2—Unfair dismissal application on the respondent named in the application as soon as practicable after the application is lodged with the FWC. The respondent must then serve a copy of completed form F3—Employer response to unfair dismissal application on the applicant within 7 days after the day on which the application is served.
Note 1: Under subrules 7(1) and (2) the instructions as to service that are set out in Schedule 1 may be dispensed with or varied by an order or direction of the FWC in a matter. This is most likely to occur in relation to a sexual harassment FWC application or an application under section 789FC of the Act for an order to stop bullying or sexual harassment.
Note 2: For how to serve the document, see rules 22 (persons other than the FWC) and 23 (FWC).
Note 3: If an application is made using approved form F1—Application (no specific form provided), the applicant may apply to the FWC under rule 8 for directions about the procedure to be followed in relation to service of the application.
Note 4: A person may also be required to serve other documents: see rules 25, 26, 36, 44, 50, 52, 72, 76, 80, 85, 119, 120, 121, 122 and 128.