Australia general protectionsjurisdiction

Coles Supply Chain Pty Ltd v Milford

(2020) 279 FCR 591; [2020] FCAFC 152

JurisdictionAustralia

CourtFull Court of the Federal Court of Australia

Year2020

StatusBinding authority

Key Principle

On a general protections dismissal application under s 365 of the Fair Work Act 2009 (Cth), the Fair Work Commission must itself determine, as a jurisdictional fact, whether the applicant was 'dismissed' before it can deal with the dispute; that question cannot be assumed or deferred.

Area of Law

General

Related Cases

Hopper & Anor v State of Victoria [2026] HCA 11

Wright Prospecting Pty Ltd v Hancock Prospecting Pty Ltd & Ors [2026] WASC 101

City of Parramatta Council v Transport for NSW [2026] NSWSC 294

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