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APPLICATION – Fair Work Division

Word version of Application - Fair Work Division form

PDF printable version of Application - Fair Work Division form

When is this form used?

This form is used for commencing proceedings in the Fair Work Division under:

• the Workplace Relations Act 1996
• the Fair Work Act 2009
• the Building and Construction Industry Improvement Act 2005.

Chapter 7 of the Federal Circuit Court Rules 2001 includes specific rules in relation to proceedings commenced in the Fair Work Division.

What else is filed with this form?

Applications filed in the Fair Work Division in accordance with rule 45.04, 45.06, 45.07, 45.08 or 45.12 must be accompanied by an approved claim form.

Approved claim forms to accompany certain proceedings

• Form 1 - Claim under Workplace Relations Act 1996 for unlawful termination of employment (which occurred prior to 1 July 2009) - paragraph 45.04(2)(b),
• Form 2 - Claim under the Fair Work Act 2009 alleging dismissal in contravention of a general protection - paragraph 45.06(b),
• Form 3 - Claim under the Fair Work Act 2009 alleging unlawful termination of employment - paragraph 45.07(b),
• Form 4 - Claim under the Fair Work Act 2009 alleging contravention of a general protection -paragraph 45.08 (b),
• Form 5 - Small claim under the Fair Work Act 2009 - paragraph 45.12(b),
• Affidavit of Service (Fair Work)

No affidavit required to be filed in support if the approved claim form is filed in accordance with the rules. However, all applications filed where a separate claim form is not required must be supported by an affidavit or pleading in accordance with rule 4.05.

In appropriate proceedings accompanying certificates are required under provisions of the Workplace Relations Act 1996, and the Fair Work Act 2009: see sub-paragraphs 45.04(2)(b)(ii), 45.06(b)(ii), and 45.07(b)(ii).

Small claims

There are new rules in relation to small claims.

The amendments provide that an applicant may request that an application for compensation be dealt with under this Division if the compensation is not more than $20,000 and the compensation is for an entitlement mentioned in subsection 548(1A) of the Fair Work Act 2009. When dealing with a small claim application the Court is not bound by the rules of evidence but may inform itself of any matter in any manner as it thinks fit.

A party to a small claims application may not be represented by a lawyer without the leave of the Court.

If a party elects to have the claim dealt with using the small claims procedure they will need to tick the relevant section on the Application - Fair Work Division.

Interlocutory, interim or procedural orders after commencement:

Use Application in a Case where orders are sought after an initiating application has already been filed.

What is filed in response?

Response – General Federal Law

An affidavit or defence or points of defence; see Subrule 4.05(3)

Note: If for any reason you can not access these forms, please email or visit the Court.

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