Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 595

FWC's power to deal with disputes

             (1)  The FWC may deal with a dispute only if the FWC is expressly authorised to do so under or in accordance with another provision of this Act.

             (2)  The FWC may deal with a dispute (other than by arbitration) as it considers appropriate, including in the following ways:

                     (a)  by mediation or conciliation;

                     (b)  by making a recommendation or expressing an opinion.

             (3)  The FWC may deal with a dispute by arbitration (including by making any orders it considers appropriate) only if the FWC is expressly authorised to do so under or in accordance with another provision of this Act.

Example:    Parties may consent to the FWC arbitrating a bargaining dispute (see subsection 240(4)).

             (4)  In dealing with a dispute, the FWC may exercise any powers it has under this Subdivision.

Example:    The FWC could direct a person to attend a conference under section 592.

             (5)  To avoid doubt, the FWC must not exercise the power referred to in subsection (3) in relation to a matter before the FWC except as authorised by this section.



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