Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 527R

  (1)   If:

  (a)   an application is made under section   527F for the FWC to deal with a dispute; and

  (b)   the application does not consist solely of an application for a stop sexual harassment order;

then the FWC must deal with the dispute (other than by arbitration).

Note:   The FWC may deal with a dispute by mediation or conciliation, or by making a recommendation or expressing an opinion (see subsection   595(2)).

  (2)   Any conference conducted for the purposes of dealing with the dispute (other than by arbitration) must be conducted in private, despite subsection   592(3).

Note:   For conferences, see section   592.

  (3)   If the FWC is satisfied that all reasonable attempts to resolve the dispute (other than by arbitration) have been, or are likely to be, unsuccessful, then:

  (a)   the FWC must issue a certificate to that effect; and

  (b)   if the FWC considers, taking into account all the materials before it, that arbitration under section   527S, or a sexual harassment court application, in relation to the dispute would not have a reasonable prospect of success, the FWC must advise the parties accordingly.