The Full Bench confirmed that s 365 of the Fair Work Act 2009 is a procedural gateway available only to employees who allege dismissal, and does not extend to independent contractors, even where the contractor alleges adverse action under the general protections provisions in Part 3-1 (ss 340–363). The appellant, who contracted through an incorporated entity and confirmed he was a contractor, could not access the s 365 dispute resolution process. The decision reaffirms that the substantive protections for contractors under Part 3-1 must be pursued through different procedural avenues, not through the dismissal-related pathway in s 365.
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