Statute
Section 396 — Fair Work Act 2009: Initial matters to be considered before merits
Text of the provision Official document
The FWC must decide the following matters relating to an application for an order under Division 4 before considering the merits of the application: (a) whether the application was made within the period required in subsection 394(2); (b) whether the person was protected from unfair dismissal; (c) whether the dismissal was consistent with the Small Business Fair Dismissal Code; (d) whether the dismissal was a case of genuine redundancy.
Official source: Federal Register of Legislation
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