Referral to Fair Work Commission a. All steps set out in clause 11.4 above must be fully exhausted before this referral may occur.
Referral to Fair Work Commission. The Fair Work Commission may deal with the dispute in 2 stages: the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:
Referral to Fair Work Commission. (a) If the dispute is unable to be resolved in accordance with clause 7.3, either party may refer the dispute to FWC for conciliation, or if unsuccessful, arbitration. Prior to proceeding to arbitration the parties must clearly identify the full nature, particulars and scope of the matter being arbitrated, and do so in a manner that does not unduly delay either party in proceeding to arbitration.
