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WORKPLACE RELATIONS ACT 1996 - SECT 621 Relationship of this Division to other laws providing alternative remedies

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 621

Relationship of this Division to other laws providing alternative remedies

             (1)  The Commission must not deal with an application under this Division if the Commission is satisfied that there is available to the applicant, or to the employees whom the applicant represents, an adequate alternative remedy that:

                     (a)  exists under a law of the Commonwealth (other than this Division) or under a law of a State or Territory; and

                     (b)  will ensure, for the employees concerned, equal remuneration for work of equal value.

             (2)  The Commission must not deal with an application under this Division for an order to secure equal remuneration for work of equal value for an employee if proceedings for an alternative remedy:

                     (a)  to secure such remuneration for the employee; or

                     (b)  against unequal remuneration for work of equal value for the employee;

have begun:

                     (c)  under another provision of this Act; or

                     (d)  under another law of the Commonwealth; or

                     (e)  under a law of a State or Territory.

             (3)  Subsection (2) does not prevent the Commission from dealing with an application under this Division if the proceedings for the alternative remedy:

                     (a)  have been discontinued by the party who initiated the proceedings; or

                     (b)  have failed for want of jurisdiction.

             (4)  If an application has been made for an order under this Division to secure equal remuneration for work of equal value for an employee, a person is not entitled to take proceedings for an alternative remedy under a provision or law of a kind referred to in subsection (2):

                     (a)  to secure such remuneration for the employee; or

                     (b)  against unequal remuneration for work of equal value for the employee.

             (5)  Subsection (4) does not prevent the taking of proceedings for an alternative remedy if the proceedings under this Division:

                     (a)  have been discontinued by the party who initiated the proceedings; or

                     (b)  have failed for want of jurisdiction.

             (6)  A remedy under a law of the Commonwealth, a State or a Territory relating to discrimination in relation to employment, that consists solely of compensation for past actions, is not an alternative remedy, or an adequate alternative remedy, for the purposes of this section.