Common use of Referral to Fair Work Commission Clause in Contracts

Referral to Fair Work Commission. a. All steps set out in clause 11.4 above must be fully exhausted before this referral may occur. b. If the dispute remains unresolved after the parties to the dispute have genuinely attempted to reach a resolution in accordance with clauses 11.4(a) to (c), party to the dispute may refer the dispute to the Fair Work Commission (FWC) for conciliation. c. In conducting the conciliation, the FWC is empowered to take such action as is appropriate to assist the parties to resolve the matter at conciliation. d. Where the parties to a dispute are unable to reach agreement, the FWC may make recommendation(s) about the issue(s) in dispute. e. Within 3 working days of the FWC making such recommendation(s), the parties to the dispute are to inform the FWC whether or note they intend to comply with the recommendation(s). f. Where either party to the dispute has either failed to inform the FWC that they intend to comply with the recommendation(s) within 3 working days or has advised the FWC that they do not intend to comply with the recommendation(s), the FWC will at the request of either party to the dispute list the matter for arbitration.

Referral to Fair Work Commission. a. All steps set out in clause 11.4 14.4 above must be fully exhausted before this referral may occur. b. If the dispute remains unresolved after the parties to the dispute have genuinely attempted to reach a resolution in accordance with clauses 11.4(a14.4(a) to (c), party to the dispute may refer the dispute to the Fair Work Commission (FWC) for conciliation. c. In conducting the conciliation, the FWC is empowered to take such action as is appropriate to assist the parties to resolve the matter at conciliation. d. Where the parties to a dispute are unable to reach agreement, the FWC may make recommendation(s) about the issue(s) in dispute. e. Within 3 working days of the FWC making such recommendation(s), the parties to the dispute are to inform the FWC whether or note they intend to comply with the recommendation(s). f. Where either party to the dispute has either failed to inform the FWC that they intend to comply with the recommendation(s) within 3 working days or has advised the FWC that they do not intend to comply with the recommendation(s), the FWC will at the request of either party to the dispute list the matter for arbitration.