Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person is not entitled to make an application to the Federal Court or Federal Circuit and Family Court of Australia (Division 2) for an order under section 14, 15 or 16 of this Act in relation to particular conduct if another application has been made:
(a) under section 539 of the Fair Work Act 2009 in relation to a contravention of section 340 or 772 of that Act constituted by the same conduct; or
(b) under section 394 of the Fair Work Act 2009 in relation to the same conduct.
(2) A person is not entitled to apply under:
(a) section 539 of the Fair Work Act 2009 for an order in relation to a contravention of section 340 or 772 of that Act constituted by particular conduct; or
(b) section 394 of the Fair Work Act 2009 for an order in relation to particular conduct;
if another application has been made for an order under section 14, 15 or 16 of this Act in relation to the same conduct.
(3) This section does not apply if the other application
mentioned in subsection (1) or (2) has been discontinued or has failed
for want of jurisdiction.