Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 730

  (1)   This section applies if:

  (a)   an unlawful termination FWC application has been made by, or on behalf of, the person in relation to the dismissal; and

  (b)   the application has not:

  (i)   been withdrawn by the person who made the application; or

  (ii)   failed for want of jurisdiction; or

  (iii)   resulted in the issue of a certificate under paragraph   776(3)(a) (which provides for the FWC to issue a certificate if the FWC is satisfied that all reasonable attempts to resolve a dispute (other than by arbitration) have been, or are likely to be, unsuccessful).

  (1A)   This section also applies if:

  (a)   an unlawful termination FWC application has been made by, or on behalf of, the person in relation to the dismissal; and

  (b)   the application has not:

  (i)   been withdrawn by the person who made the application; or

  (ii)   failed for want of jurisdiction; and

  (c)   a certificate in relation to the dispute has been issued by the FWC under paragraph   776(3)(a) (which provides for the FWC to issue a certificate if the FWC is satisfied that all reasonable attempts to resolve a dispute (other than by arbitration) have been, or are likely to be, unsuccessful); and

  (d)   a notification of the parties' agreement to the FWC arbitrating the dispute has been made as referred to in paragraphs 777(1)(b) and (c).

  (2)   An unlawful termination FWC application is an application under section   773 for the FWC to deal with a dispute that relates to dismissal.