Commonwealth Numbered Acts Commonwealth Numbered Acts(1) This section applies if a term referred to in section 738 requires or allows a person other than FWA to deal with a dispute.
(2) The person must not deal with a dispute to the extent that the dispute is about whether an employer had reasonable business grounds under subsection 65(5) or 76(4), unless:
(a) the parties have agreed in a contract of employment, enterprise agreement or other written agreement to the person dealing with the matter; or
(b) a determination under the Public Service Act 1999 authorises the person to deal with the matter.
Note: This does not prevent a person from dealing with a dispute relating to a term of an enterprise agreement that has the same (or substantially the same) effect as subsection 65(5) or 76(4) (see also subsection 55(5)).
(3) If, in accordance with the term, the parties have agreed that the person may arbitrate (however described) the dispute, the person may do so.
(4) Despite subsection (3), the person must not make a decision that is inconsistent with this Act, or a fair work instrument that applies to the parties.