Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 240

Application for FWA to deal with a bargaining dispute

Bargaining representative may apply for FWA to deal with a dispute

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

             (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 FWA may arbitrate (however described) the dispute, FWA may do so.


 



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