(1) This section applies if, in the course of dealing with a civil dispute application, the tribunal becomes aware that a matter arising in relation to the application amounts to a fair work claim.
Example—matter arising in relation to application
a counter claim to the application
(2) The tribunal must order that the application and the matter (the combined fair work matter ) be removed to the Magistrates Court.
(3) The tribunal may make the order on its own initiative or on application by a party to the matter.
(4) On removal of the matter to the Magistrates Court, the civil dispute application is taken to be finalised in the tribunal.
Note 1 A fair work claim may be started in the Magistrates Court (see Magistrates Court Act 1930
, pt 4.2A).
Note 2 Orders may be sought for the contravention of a civil remedy provision in the Federal Court and Federal Circuit and Family Court of Australia (Division 2) (see Fair Work Act 2009
(Cwlth), s 539).