Fair Work jurisdiction
The ACT Magistrates Court is an eligible state or territory court to hear certain matters arising under that legislation arising under the Fair Work Act 2009 (Cth).
Persons who are electing to have their matters heard as a Fair Work Small Claims matter should refer to Practice Direction Civil 3 – Procedures under the Fair Work Act 2009 (Cth). Persons who are seeking to have a Fair Work General Claim heard before the Court should refer to the Court Procedures Rules 2006 (ACT).
The following documents attached to the Practice Direction are used during Fair Work Act 2009 (Cth) proceedings.
Form 1 (Annexure A) is to be filed and completed by a person or entity who wishes to commence a Fair Work Small Claim proceeding.
Form 2 (Annexure B) is to be filed and completed by a person or entity who wishes to respond to a Form 1 that has been served on them.
|Annexure D - Form 4 |
Reply to statement of facts, issues and contentions in support of Fair Work claim
If parties are not able to reach a resolution at mediation, they will be directed, as appropriate, to complete Forms 3 and 4 (Annexures C and D) by the Court in preparation for hearing.
Confidential Mediation Position Paper
Once a mediation date has been set, parties will be directed to file and complete their Position Paper (Annexure E) and to provide a Confidential Mediation Position Paper (Annexure F) to the Court.
Parties will also be required to complete a timeline (Annexure G) to be filed with the Court, to assist the Court and all parties in understanding the chronological history of the circumstances arising in relation to the matter.
Parties will also be directed to have any witnesses they wish to give evidence, to complete a witness statement (Annexure H). Witnesses statements are to be filed with the Court and served on the other party before the hearing date.