Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 390

When FWA may order remedy for unfair dismissal

             (1)  Subject to subsection (3), FWA may order a person's reinstatement, or the payment of compensation to a person, if:

                     (a)  FWA is satisfied that the person was protected from unfair dismissal (see Division 2) at the time of being dismissed; and

                     (b)  the person has been unfairly dismissed (see Division 3).

             (2)  FWA may make the order only if the person has made an application under section 394.

             (3)  FWA must not order the payment of compensation to the person unless:

                     (a)  FWA is satisfied that reinstatement of the person is inappropriate; and

                     (b)  FWA considers an order for payment of compensation is appropriate in all the circumstances of the case.

Note:          Division 5 deals with procedural matters such as applications for remedies.



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