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Fair Work Commission Rules 2024
68Employer response to an unlawful termination FWC application
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68 Employer response to an unlawful termination FWC application
A respondent to an unlawful termination FWC application must lodge with the FWC a response by the respondent to the application within 7 days after the day on which the respondent was served with the application.
69 Telephone applications—application under section 365 of the Act, unfair dismissal application or unlawful termination FWC application
(1) This rule applies to a person wanting to make:
(a) an application under section 365 of the Act (for the FWC to deal with a dismissal dispute); or
(b) an unfair dismissal application; or
(c) an unlawful termination FWC application.
(2) The person may, as an alternative to lodging the application in the approved form, make the application by telephone to a telephone number approved for that purpose by the General Manager.
Note: In 2024, the telephone numbers approved by the General Manager for making a telephone application were available on the FWC’s website (http://www.fwc.gov.au).
(3) The FWC must prepare a written application for the person, based on the telephone application, and give the written application to the person.
(4) The person must, within 14 days after the day on which the FWC gives the written application to the person:
(a) complete and sign the written application; and
(b) lodge it with the FWC; and
(c) either pay the application fee or apply for a waiver of that fee.
Note: For the application fee, see regulations 3.02, 3.07 and 6.05 of the Fair Work Regulations 2009.
(5) If the person applies for a waiver, and the FWC refuses that application, the person must pay the application fee within 7 days after the day on which the person was notified of the refusal by the FWC.
(6) The person is taken to have made the application on the day on which the person telephones the FWC to make the application in accordance with subrule (2) if:
(a) the person complies with subrule (4) within the required period; and
(b) if subrule (5) applies—complies with subrule (5) within the required period.