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FAIR WORK ACT 2009 - SECT 505

FWC may deal with a dispute about the operation of this Part

             (1)  The FWC may deal with a dispute about the operation of this Part, including a dispute about:

                     (a)  whether a request under section 491, 492A or 499 is reasonable; or

                     (b)  when a right of the kind referred to in section 490 may be exercised by a permit holder on premises of a kind mentioned in subsection 521C(1) or 521D(1), despite that section; or

                     (c)  whether accommodation is reasonably available as mentioned in subsection 521C(1) or premises reasonably accessible as mentioned in subsection 521D(1); or

                     (d)  whether providing accommodation or transport, or causing accommodation or transport to be provided, would cause the occupier of premises undue inconvenience as mentioned in paragraph 521C(2)(a) or 521D(2)(a); or

                     (e)  whether a request to provide accommodation or transport is made within a reasonable period as mentioned in paragraph 521C(2)(c) or 521D(2)(c).

Note 1:       Sections 491 and 499 deal with requests for permit holders to comply with occupational health and safety requirements.

Note 2:       Section 492A deals with requests for a permit holder to take a particular route to a room or area in which an interview is to be conducted or discussions held.

Note 3:       Section 490 deals with when rights under Subdivision A, AA or B of Division 2 of this Part may be exercised.

Note 4:       Sections 521C and 521D deal with accommodation in and transport to remote areas for the purpose of exercising rights under this Part.

             (2)  The FWC may deal with the dispute by arbitration, including by making one or more of the following orders:

                     (a)  an order imposing conditions on an entry permit;

                     (b)  an order suspending an entry permit;

                     (c)  an order revoking an entry permit;

                     (d)  an order about the future issue of entry permits to one or more persons;

                     (e)  any other order it considers appropriate.

Note:          The FWC may also deal with a dispute by mediation or conciliation, or by making a recommendation or expressing an opinion (see subsection 595(2)).

             (3)  The FWC may deal with the dispute:

                     (a)  on its own initiative; or

                     (b)  on application by any of the following to whom the dispute relates:

                              (i)  a permit holder;

                             (ii)  a permit holder's organisation;

                            (iii)  an employer;

                            (iv)  an occupier of premises.

             (4)  In dealing with the dispute, the FWC must take into account fairness between the parties concerned.

             (5)  In dealing with the dispute, the FWC must not confer rights on a permit holder that are additional to, or inconsistent with, rights exercisable in accordance with Division 2, 3 or 7 of this Part, unless the dispute is about:

                     (a)  whether a request under section 491, 492A or 499 is reasonable; or

                     (b)  when a right of the kind referred to in section 490 may be exercised by the permit holder on premises of a kind mentioned in subsection 521C(1) or 521D(1), despite that section; or

                     (c)  whether accommodation is reasonably available as mentioned in subsection 521C(1) or premises reasonably accessible as mentioned in subsection 521D(1); or

                     (d)  whether providing accommodation or transport, or causing accommodation or transport to be provided, would cause the occupier of premises undue inconvenience as mentioned in paragraph 521C(2)(a) or 521D(2)(a); or

                     (e)  whether a request to provide accommodation or transport is made within a reasonable period as mentioned in paragraph 521C(2)(c) or 521D(2)(c).



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