Forms approved by the Chief Judge, pursuant to Subrule 2.04(1a) of the Federal Circuit Court Rules 2001   from July 2017

Form Name

Federal Circuit Court Rules 2001

Application – Fair Work Division

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 (Improving Productivity) Act 2016

Approved Application for Proceedings in the Fair Work Division – Chapter 7

What else is filed?

Supporting Affidavit/Statement of Claim or Points of Claim unless the Application is filed in accordance with rule 45.04, 45.06, 45.07, 45.08, 45.09 or 45.12.

Applications filed with an accompanying claim form under Rules 45.04, 45.06, 45.07, 45.08, 45.09 and 45.12 (see below) need not be accompanied by an affidavit, statement of claim or points of claim.

Small claim proceeding Fair Work Act 2009

There is provision for a party to elect for certain claims of $20,000 or less to be dealt with under the Court’s small claims procedure. If you elect to have your claim dealt with using the small claims procedure you will need to tick the relevant box in the Application (see below for details of accompanying small claim form required to be filed in addition to the Application).


Subrule 4.05(1) and (2)

Interlocutory, interim or procedural orders after commencement:

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


Rule 4.08

Response

Response – General Federal Law


Rule 4.03

What else is filed?

 Affidavit/Defence or Points of Defence


Subrule 4.05(1) and (3)

APPROVED CLAIM FORM TO ACCOMPANY APPLICATION

Form 1 - Claim under Workplace Relations Act 1996 for unlawful termination of employment (which occurred prior to 1 July 2009)

What else is filed?

  • A certificate issued under section 650(2) of the Workplace Relations Act
  • A copy of notice of election to begin court proceedings under section 651 of the Workplace Relations Act

Rule 45.04(2)(b)

Form 2 - Claim under the Fair Work Act 2009 alleging dismissal in contravention of a general protection

What else is filed?

A certificate issued by Fair Work Commission under s 369 of the Fair Work Act

Rule 45.06(b)(ii)

Form 3 - Claim under the Fair Work Act 2009 alleging unlawful termination of employment

What else is filed?

A certificate issued by Fair Work Commission under s 777 of the Fair Work Act

Rule 45.07(b)(ii)

Form 4 - claim under the Fair Work Act 2009 alleging contravention of a general protection

Rule 45.08(b)

Form 5 - small claim under the Fair Work Act 2009

Note: a party to a small claim application may not be represented by a lawyer without leave of the Court

Note: there is provision for an applicant to elect for the proceedings to be dealt with under the small claim procedure by ticking the box on the Application – Fair Work Division.

Rule 45.12(b)

Form 6 – claim under the Fair Work (Registered Organisations) Act 2009 alleging reprisal

Rule 45.09(A)(a)