Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 727

  (1)   This section applies if:

  (a)   a general protections FWC application has been made by, or on behalf of, the person in relation to the dismissal; and

  (b)   the application has not:

  (i)   been withdrawn by the person who made the application; or

  (ii)   failed for want of jurisdiction; or

  (iii)   resulted in the issue of a certificate under paragraph   368(3)(a) (which provides for the FWC to issue a certificate if the FWC is satisfied that all reasonable attempts to resolve a dispute (other than by arbitration) have been, or are likely to be, unsuccessful).

  (1A)   This section also applies if:

  (a)   a general protections FWC application has been made by, or on behalf of, the person in relation to the dismissal; and

  (b)   the application has not:

  (i)   been withdrawn by the person who made the application; or

  (ii)   failed for want of jurisdiction; and

  (c)   a certificate in relation to the dispute has been issued by the FWC under paragraph   368(3)(a) (which provides for the FWC to issue a certificate if the FWC is satisfied that all reasonable attempts to resolve a dispute (other than by arbitration) have been, or are likely to be, unsuccessful); and

  (d)   a notification of the parties' agreement to the FWC arbitrating the dispute has been made as referred to in paragraphs 369(1)(b) and (c).

  (2)   A general protections FWC application is an application under section   365 for the FWC to deal with a dispute that relates to dismissal.