Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 651

             (1)  If the certificate given by the Commission under subsection 650(2) identifies only the ground referred to in paragraph 643(1)(a) as a ground where conciliation is, or is likely to be, unsuccessful, the applicant must elect either to proceed to arbitration to determine whether the termination was harsh, unjust or unreasonable or not to proceed.

Note:          If a certificate under subsection 650(2) identifies both the ground in paragraph 643(1)(a) and a ground or grounds of an alleged contravention of Subdivision C, and the Commission has issued a certificate under subsection 650(4) in relation to the ground in paragraph 643(1)(a), an applicant must make an election as if the certificate under subsection 650(2) identified only the ground or grounds in Subdivision C.

             (2)  If the certificate given by the Commission under subsection 650(2) identifies only:

                     (a)  the ground referred to in paragraph 643(1)(a); and

                     (b)  the ground of an alleged contravention of section 661;

as grounds where conciliation is, or is likely to be, unsuccessful, the applicant must elect to do either, both, or neither of the following:

                     (c)  to proceed to arbitration to determine whether the termination was harsh, unjust or unreasonable;

                     (d)  to begin proceedings in a court of competent jurisdiction for an order under section 665 in respect of the alleged contravention of section 661.

             (3)  If the certificate given by the Commission under subsection 650(2) identifies:

                     (a)  the ground referred to in paragraph 643(1)(a); and

                     (b)  a ground or grounds of an alleged contravention of one or more of sections 659 and 660;

as grounds where conciliation is, or is likely to be, unsuccessful, the applicant must elect to do either or neither of the following:

                     (c)  to proceed to arbitration to determine whether the termination was harsh, unjust or unreasonable;

                     (d)  to begin proceedings in the Court for an order under section 665 in respect of the alleged contravention, or of any one or more of the alleged contraventions.

             (4)  If the certificate given by the Commission under subsection 650(2) identifies only a ground or grounds of an alleged contravention of one or more of sections 659, 660 and 661 as the ground or grounds where conciliation is, or is likely to be, unsuccessful, the applicant must elect to do either, both or neither of the following:

                     (a)  so far as concerns an alleged contravention of a section or sections other than section 661--to begin proceedings in the Court for an order under section 665 in respect of the alleged contravention, or of any one or more of the alleged contraventions;

                     (b)  so far as concerns an alleged contravention of section 661--to begin proceedings in a court of competent jurisdiction for an order under section 665 in respect of the alleged contravention.

             (5)  If the certificate given by the Commission under subsection 650(2) identifies:

                     (a)  the ground referred to in paragraph 643(1)(a); and

                     (b)  the ground of an alleged contravention of section 661; and

                     (c)  a ground or grounds of an alleged contravention of one or more of sections 659 and 660;

as grounds where conciliation is, or is likely to be, unsuccessful, the applicant must elect:

                     (d)  to do either or both of the things permitted in subsection (2); or

                     (e)  to do either or both of the things permitted in subsection (4); or

                      (f)  to do none of those things.

             (6)  An election under subsection (1), (2), (3), (4) or (5) must:

                     (a)  be made in writing; and

                     (b)  be lodged with the Commission:

                              (i)  if the certificate given by the Commission under subsection 650(2) identifies the ground of an alleged contravention of section 659 as a ground on which conciliation is, or is likely to be, unsuccessful (whether or not one or more other grounds are so identified)--not later than 28 days after the day of issue of the certificate; or

                             (ii)  in any other case--not later than 7 days after the day of issue of the certificate.

             (7)  If an applicant fails to lodge with the Commission an election under subsection (1), (2), (3), (4) or (5) within the period required under subsection (6), the application concerned is taken to have been discontinued by the applicant at the end of that period.

             (8)  The Commission must not, under any provision of this Act, extend the period within which an election is required by subsection (6) to be lodged, other than as mentioned in subsection (9).

             (9)  The Commission may accept an election referred to in subparagraph (6)(b)(i) that is lodged out of time if the Commission considers that it would be unfair not to do so, and, if the Commission accepts such an election, the original application is taken not to have been discontinued in spite of subsection (7).

           (10)  An appeal to a Full Bench under section 120 may not be made in relation to the discontinuance of an application under subsection (7).