Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 505

FWA may deal with a dispute about the operation of this Part

             (1)  FWA may deal with a dispute about the operation of this Part (including a dispute about whether a request under section 491, 492 or 499 is reasonable).

Note:          Sections 491, 492 and 499 deal with requests for permit holders to use particular rooms or areas, and comply with occupational health and safety requirements.

             (2)  FWA may deal with the dispute by arbitration, including by making one or more of the following orders:

                     (a)  an order imposing conditions on an entry permit;

                     (b)  an order suspending an entry permit;

                     (c)  an order revoking an entry permit;

                     (d)  an order about the future issue of entry permits to one or more persons;

                     (e)  any other order it considers appropriate.

Note:          FWA may also deal with a dispute by mediation or conciliation, or by making a recommendation or expressing an opinion (see subsection 595(2)).

             (3)  FWA may deal with the dispute:

                     (a)  on its own initiative; or

                     (b)  on application by any of the following to whom the dispute relates:

                              (i)  a permit holder;

                             (ii)  a permit holder's organisation;

                            (iii)  an employer;

                            (iv)  an occupier of premises.

             (4)  In dealing with the dispute, FWA must take into account fairness between the parties concerned.

             (5)  In dealing with the dispute, FWA must not confer rights on a permit holder that are additional to, or inconsistent with, rights exercisable in accordance with Division 2 or 3 of this Part, unless the dispute is about whether a request under section 491, 492 or 499 is reasonable.



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