Fair Work Australia Sample Clauses

Fair Work Australia. Fair Work Australia shall deal with the dispute in 2 stages: a) Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and b) If Fair Work Australia is unable to resolve the dispute at the first stage, the Company or the NUW may request Fair Work Australia to : i) arbitrate the dispute; and ii) make a determination that is binding on the parties. c) FWA must follow due process and allow each party to the dispute a fair and adequate opportunity to present their case. d) Any determination by FWA under clause 11.1 (b) (ii) must be in writing if either party to the dispute so requests, and must give reasons for the determination. e) Any determination made by FWA under clause 11.1(b) (ii) must be consistent with applicable law and must not require a party to the dispute to act in contravention of an applicable industrial instrument or law. f) Where relevant, and circumstances warrant, FWA will consider previous relevant decisions of the Australian Industrial Relations Commission and the Courts. g) The parties to the dispute are entitled to be represented, including by legal representatives, in proceedings pursuant to this Dispute Settling Procedure. h) A decision that Fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.
Sample 1
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Fair Work Australia. If a dispute in relation to a matter arising under the Agreement is unable to be resolved and all agreed steps for resolving it have been taken, the dispute may be referred by either party to FWA, or such other party as may be agreed by the parties for resolution by conciliation in the first instance and, where the matter in dispute remains unresolved, arbitration.
Sample 1
Fair Work Australia. The Act means the Fair Work Act 2009 (C’th) and the Fair Work Regulations 2009 as amended, consolidated, varied or replaced from time to time.
Sample 1

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