Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 789GV

FWC may deal with a dispute about the operation of this Part

  (1)   The FWC may deal with a dispute about the operation of this Part.

  (2)   The FWC may deal with a dispute by arbitration.

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

  (3)   The FWC may deal with a dispute only on application by any of the following:

  (a)   an employee;

  (b)   an employer;

  (c)   an employee organisation;

  (d)   an employer organisation.

  (4)   The FWC may make any of the following orders:

  (a)   an order that the FWC considers desirable to give effect to a jobkeeper enabling direction;

  (b)   an order setting aside a jobkeeper enabling direction;

  (c)   an order:

  (i)   setting aside a jobkeeper enabling direction; and

  (ii)   substituting a different jobkeeper enabling direction;

  (d)   any other order that the FWC considers appropriate.

  (5)   The FWC must not make an order under paragraph   (4)(a) or (c) on or after 29   March 2021.

  (6)   An order made by the FWC under paragraph   (4)(a) ceases to have effect at the start of 29   March 2021.

  (7)   In dealing with the dispute, the FWC must take into account fairness between the parties concerned.


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