Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The FWC must not deal with an application for an equal remuneration order in relation to an employee if proceedings for an alternative remedy:
(a) to ensure equal remuneration for work of equal or comparable value for the employee; or
(b) against unequal remuneration for work of equal or comparable value for the employee;
have commenced under a law of the Commonwealth (other than Part 2 - 7) or a law of a State or Territory.
(2) Subsection (1) does not prevent the FWC from dealing with the application if the proceedings for the alternative remedy:
(a) have been discontinued by the party who commenced the proceedings; or
(b) have failed for want of jurisdiction.
(3) If an application has been made to the FWC for an equal remuneration order in relation to an employee, a person is not entitled to commence proceedings for an alternative remedy under a law of the Commonwealth (other than Part 2 - 7) or a law of a State or Territory:
(a) to ensure equal remuneration for work of equal or comparable value for the employee; or
(b) against unequal remuneration for work of equal or comparable value for the employee.
(4) Subsection (3) does not prevent a person from commencing proceedings for an alternative remedy if:
(a) the applicant has discontinued the application for the equal remuneration order; or
(b) the application has failed for want of jurisdiction.
(5) A remedy that:
(a) exists under a law of the Commonwealth, a State or a Territory relating to discrimination in relation to employment; and
(b) consists solely of compensation for past actions;
is not an alternative remedy for the purposes of this section.