Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 240

Application for the FWC to deal with a bargaining dispute

Bargaining representative may apply for the FWC to deal with a dispute

             (1)  A bargaining representative for a proposed enterprise agreement may apply to the FWC for the FWC to deal with a dispute about the agreement if the bargaining representatives for the agreement are unable to resolve the dispute.

Note:          See also section 255A (limitations relating to greenfields agreements).

             (2)  If the proposed enterprise agreement is:

                     (a)  a single-enterprise agreement; or

                     (b)  a multi-enterprise agreement in relation to which a low-paid authorisation is in operation;

the application may be made by one bargaining representative, whether or not the other bargaining representatives for the agreement have agreed to the making of the application.

             (3)  If subsection (2) does not apply, a bargaining representative may only make the application if all of the bargaining representatives for the agreement have agreed to the making of the application.

             (4)  If the bargaining representatives have agreed that the FWC may arbitrate (however described) the dispute, the FWC may do so.



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