Notice of Discontinuance
This form is used if you are no longer seeking all or some of the orders previously sought by you. Filing this notice does not prevent any other party from continuing with their case and obtaining orders including for costs.
Notice of Address for Service
This form is used to inform the Court and the other parties in your case of the address at which court documents and notices can be served on you. You must file this form if your contact address (address for service) has changed.
Fair work: Overview
What is Fair Work?
The Fair Work system is Australia’s national workplace relations system. It started on 1 July 2009 and was created by the Fair Work Act 2009. The Fair Work jurisdiction is also referred to as workplace law, industrial law, employment law and/or industrial relations law.
It covers the majority of workplaces in Australia. Employers and employees in the national system all have the same workplace rights and obligations, regardless of which state or territory they work in. You can find out more about the Fair Work system and who it covers on the Fair Work Ombudsman’s website.
The Federal Circuit and Family Court of Australia (Division 2) (the Court) has jurisdiction (along with the Federal Court of Australia) to hear claims under the Fair Work jurisdiction and related legislation including the:
- Fair Work Act 2009
- Fair Work (Registered Organisations) Act 2009
- Federal Safety Commissioner Act 2022, and
- Work Health and Safety Act 2011.
The Court is not the only court that deals with matters covered by the Fair Work Act. Depending on the type of issue, it may not be the most appropriate court to commence a proceeding. Check the provision under which you are commencing a proceeding as it will likely provide more information on the appropriate court.
How can I resolve my Fair Work dispute?
Depending on the type of issues, there are several ways to attempt to resolve your dispute before coming to Court. In some cases, you need to obtain a certificate from the Fair Work Commission before you can file an application in the Court. For more information see Avoiding court.
If you can’t resolve your dispute, the Court has a small claims process which is more informal than most court proceedings and is usually conducted without lawyers. The process aims to settle disputes quickly and fairly, with minimum expense to the parties. Matters are usually resolved with only one hearing. See Small claims.
If you can’t resolve your dispute, the Court has a small claims process for claims relating to the underpayment of employment entitlements of $100,000 or less and certain other application. The small claims process is more informal than most court proceedings and is usually conducted without lawyers. The process aims to settle disputes quickly and fairly, with minimum expense to the parties. For more information see Small claims and I want to apply.
Application in a proceeding
This form is used if a party to current proceedings wishes to seek further interlocutory or procedural orders. An Affidavit must be filed at the same time stating the facts relied on in support of the orders sought in the Application in a Proceeding.
Application for Review
This form is used to apply to the Court for a review of the exercise of a power by a Registrar in proceedings other than appeal proceedings. Use an Application in an Appeal to make application for review of an exercise of power by a Registrar in appeal proceedings. Use a Form B3 – Application for Review in bankruptcy proceedings.
Affidavit of service
This form must be completed, once service is effected, by the person who served the documents. The party who filed the document must then file the Affidavit of Service with the Court to prove service.
