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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 607 Process for appealing or reviewing decisions

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 607

Process for appealing or reviewing decisions

             (1)  An appeal from, or a review of, a decision of FWA may be heard or conducted without holding a hearing only if:

                     (a)  it appears to FWA that the appeal or review can be adequately determined without persons making oral submissions for consideration in the appeal or review; and

                     (b)  the persons who would otherwise, or who will, make submissions (whether oral or written) for consideration in the appeal or review consent to the appeal or review being heard or conducted without a hearing.

             (2)  FWA may:

                     (a)  admit further evidence; and

                     (b)  take into account any other information or evidence.

             (3)  FWA may do any of the following in relation to the appeal or review:

                     (a)  confirm, quash or vary the decision;

                     (b)  make a further decision in relation to the matter that is the subject of the appeal or review;

                     (c)  refer the matter that is the subject of the appeal or review to an FWA Member (other than a Minimum Wage Panel Member) and:

                              (i)  require the FWA Member to deal with the subject matter of the decision; or

                             (ii)  require the FWA Member to act in accordance with the directions of FWA.