Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 396

    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.