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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 595 FWA's power to deal with disputes

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 595

FWA's power to deal with disputes

             (1)  FWA may deal with a dispute only if FWA is expressly authorised to do so under or in accordance with another provision of this Act.

             (2)  FWA may deal with a dispute (other than by arbitration) as it considers appropriate, including in the following ways:

                     (a)  by mediation or conciliation;

                     (b)  by making a recommendation or expressing an opinion.

             (3)  FWA may deal with a dispute by arbitration (including by making any orders it considers appropriate) only if FWA is expressly authorised to do so under or in accordance with another provision of this Act.

Example:    Parties may consent to FWA arbitrating a bargaining dispute (see subsection 240(4)).

             (4)  In dealing with a dispute, FWA may exercise any powers it has under this Subdivision.

Example:    FWA could direct a person to attend a conference under section 592.

             (5)  To avoid doubt, FWA must not exercise any of the powers referred to in subsection (2) or (3) in relation to a matter before FWA except as authorised by this section.