Commonwealth Consolidated Acts

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Orders that the FWC may make

  (1)   The FWC may make whatever orders it considers appropriate, in the public interest, to put:

  (a)   the employees; and

  (b)   each registered employee association referred to in paragraph   786(2)(a) or (3)(a);

in the same position   (as nearly as can be done) as if the employer had complied with subsections   786(2) and (3).

  (2)   The FWC must not, under subsection   (1), make orders for any of the following:

  (a)   reinstatement of an employee;

  (b)   withdrawal of a notice of termination if the notice period has not expired;

  (c)   payment of an amount in lieu of reinstatement;

  (d)   payment of severance pay;

  (e)   disclosure of confidential information or commercially sensitive information relating to the employer, unless the recipient of such information gives an enforceable undertaking not to disclose the information to any other person;

  (f)   disclosure of personal information relating to a particular employee, unless the employee has given written consent to the disclosure of the information and the disclosure is in accordance with that consent.

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