WORKPLACE RELATIONS ACT 1996 - SECT 709 Application

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 709

             (1)  A person may apply to the Commission to have a dispute resolution process conducted by the Commission under this Division in relation to a matter or matters in dispute if:

                     (a)  the dispute is one that, under the terms of a workplace agreement, may be resolved using a dispute resolution process conducted by the Commission; and

                     (b)  any steps that, under the terms of agreement, must be taken before the matter is referred to the Commission have been taken.

             (2)  An application to have a dispute resolution process conducted by the Commission under this Division must:

                     (a)  be in the form (if any) prescribed by the regulations; and

                     (b)  describe the matter, or matters, in dispute in relation to which the dispute resolution process is to be conducted; and

                     (c)  be signed by the party to the dispute on that matter or those matters who is making the application; and

                     (d)  specify that the dispute resolution process is to be conducted under the terms of a workplace agreement and not under the model dispute resolution process.

             (3)  The Commission may request the parties to provide further information about:

                     (a)  the matter or matters in dispute; and

                     (b)  the steps that have been taken to resolve the dispute.

Note:          Under section 353, a workplace agreement must include a dispute resolution process. That process may be something other than the model dispute resolution process, and may involve applying to have the Commission conduct an alternative dispute resolution process.