FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 739 Disputes dealt with by FWA

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 739

             (1)  This section applies if a term referred to in section 738 requires or allows FWA to deal with a dispute.

             (2)  FWA 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 FWA dealing with the matter; or

                     (b)  a determination under the Public Service Act 1999 authorises FWA to deal with the matter.

Note:          This does not prevent FWA 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)  In dealing with a dispute, FWA must not exercise any powers limited by the term.

             (4)  If, in accordance with the term, the parties have agreed that FWA may arbitrate (however described) the dispute, FWA may do so.

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)).

             (5)  Despite subsection (4), FWA must not make a decision that is inconsistent with this Act, or a fair work instrument that applies to the parties.

             (6)  FWA may deal with a dispute only on application by a party to the dispute.