Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 608

Referring questions of law to the Federal Court

             (1)  The President may refer a question of law arising in a matter before FWA for the opinion of the Federal Court.

             (2)  A question of law referred under subsection (1) must be determined by the Full Court of the Federal Court.

             (3)  FWA may make a decision in relation to the matter even if the Federal Court is determining the question of law, except if the question is whether FWA may exercise powers in relation to the matter.

             (4)  Once the Federal Court has determined the question, FWA may only make a decision in relation to the matter that is not inconsistent with the opinion of the Federal Court (if FWA has not already done so).

             (5)  However, if FWA has made a decision in relation to the matter that is inconsistent with the opinion of the Federal Court, FWA must vary the decision in such a way as to make it consistent with the opinion of the Federal Court.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback