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Fair Work Commission Rules 2024
66Employer response to an unfair dismissal application
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66 Employer response to an unfair dismissal application
(1) A respondent to an unfair dismissal application must lodge with the FWC a response by the respondent to the application, together with any supporting documents, within 7 days after the day on which the respondent was served with the application.
(2) If the respondent wants to raise:
(a) an objection to the application in relation to a matter mentioned in section 396 of the Act; or
(b) any jurisdictional objection to the application;
the response must include details of the objection to the application.
Note 1: Section 396 of the Act provides that the FWC must decide certain matters relating to an unfair dismissal application before considering whether the termination is harsh, unjust or unreasonable.
Note 2: In 2024, information about the grounds on which a respondent can object to an unfair dismissal application was available on the FWC’s website (http://www.fwc.gov.au).