Court application (interim injunction)

 

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Overview

See Fair Work Act s.370(b)

If a person is affected by a contravention of a civil remedy provision the person can apply to the Federal Court or the Federal Circuit Court for an order from the court.

If the contravention involves the dismissal of a person, this type of application cannot be made without first applying to the Fair Work Commission to deal with the dispute, unless the application for a court order includes an application for an interim injunction.

An interim injunction enables the federal courts to stop the termination, or order the reinstatement, of the employee if the termination is said to be on a prohibited ground.

Comparison – Court application (interim injunction)

Coverage: ALL Australian employees

Cost for application: $74.50[1] (can be waived in cases of serious financial hardship)

Lodgment time limit: 14 days

High income threshold: No limit

Maximum amount of compensation possible: Imposing a maximum penalty for each breach of $63,000 for a body corporate or $12,600 for an individual.[2]

References

[1] This figure applies from 1 July 2020.

[2] Fair Work Act s.546(2).

Updated time

Last updated

01 July 2020

 

 

 

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