Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 724

  (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.