Commonwealth Consolidated Regulations

FAIR WORK REGULATIONS 2009 - REG 6.07F

Applications after the transition time

  (1)   A preserved affected person may make a preserved FWC application after the transition time in relation to conduct occurring before that time.

Note:   Conduct includes an omission: see the definition of conduct in section   12 of the Act.

  (2)   The FWC may dismiss a preserved FWC application if the FWC is satisfied that:

  (a)   an application (the other application ) has been made to another body in relation to the same conduct; and

  (b)   in dealing with the other application, the other body:

  (i)   is or will be dealing with the same, or substantially the same, matters as the matters that the FWC would be likely to deal with if the preserved FWC application were not dismissed; and

  (ii)   has available to it the same, or substantially the same, remedies that the FWC would be likely to apply in respect of the preserved FWC application if that application were not dismissed.

  (3)   Subregulation   (2) does not limit when the FWC may dismiss a preserved FWC application.

Note 1:   For other powers of the FWC to dismiss applications, see section   587 of the Act.

Note 2:   An application may be dismissed on the initiative of the FWC or on application: see subsection   587(3) of the Act.

Continuing matters

  (4)   After the transition time, the FWC may, in accordance with the Act, deal with or continue to deal with:

  (a)   a matter commenced by a preserved FWC application in relation to conduct occurring before that time (whether the application was made before or after the transition time); or

  (b)   an appeal under section   604 of the Act in respect of such a matter; or

  (c)   a review under section   605 of the Act of a decision in respect of such a matter; or

  (d)   a matter that is relevant to a preserved affected person in the person's capacity (at the time of the conduct that is relevant to the matter), or in respect of another person's capacity (at the time of the conduct that is relevant to the matter), as a national system employer or national system employee, in respect of which:

  (i)   a question of law has been referred to the Federal Court under subsection   608(1) of the Act (whether the referral occurs before or after the transition time); or

  (ii)   a court has exercised jurisdiction under section   562 of the Act, section   39B of the Judiciary Act 1903 or paragraph   75(v) of the Constitution (whether the jurisdiction is first exercised before or after the transition time).

Note:   Paragraph   (d) of this subregulation covers matters commenced by any kind of application or referral including, but not limited to, preserved FWC applications.

Discontinuing matters

  (5)   After the transition time, the FWC must not deal with or continue to deal with a matter that is commenced by a non - preserved FWC application (whether the application was made before or after the transition time), other than a matter mentioned in paragraph   (4)(d).