Common use of Referral to FWC Clause in Contracts

Referral to FWC. a. If the dispute still remains unresolved, then either party may refer the dispute to the FWC for resolution. b. The FWC may deal with a dispute in two stages: i. the FWC will first attempt to resolve the dispute through conciliation; ii. where the matter cannot be resolved by conciliation, at the request of one or both parties, the FWC may arbitrate the dispute. c. In any proceedings before the FWC pursuant to this clause, the FWC may take any or all of the following actions in order to resolve the dispute: (i) Convene conciliation conferences of the parties or their representatives at which the FWC is present; (ii) Require the parties or their representatives to confer among themselves at conferences at which the FWC is not present; (iii) Request but not compel a person to attend and/or give evidence at proceedings; (iv) Request but not compel a person to produce documents; (v) Where either party requests, make recommendations about particular aspects of a matter about which they are unable to reach agreement d. Any determination by the FWC following an arbitration must be in writing and must give reasons for the determination e. In the exercise of its functions under this clause, the FWC must not issue interim orders, 'status quo' orders or interim determinations. f. The parties are entitled to be represented, including by legal representatives, in any proceedings under this clause. g. If the FWC arbitrates a dispute, any determination made by the FWC is a decision for the purposes of Division 3 of Part 5.1 of the Fair Work Act and can be appealed.

Referral to FWC. a. 21.2.1 If following escalation under clause 21.1.5, the dispute still remains unresolved, then either party may refer the dispute to the FWC for resolution. b. 21.2.2 The FWC may deal with a dispute in two stagesthe following way: i. (a) the FWC will first attempt to resolve the dispute through conciliation; ii. (b) where the matter cannot be resolved by conciliation, by consent and at the request of one or both parties, the FWC may arbitrate the dispute. c. (c) where a team member is represented by a Union listed in clause 1.3, the FWC may deal with a dispute by arbitration at the request of one or both parties. 21.2.3 In any proceedings before the FWC pursuant to this clause, the FWC may take any or all of the following actions in order to resolve the dispute: (ia) Convene conciliation conferences of the parties or their representatives at which the FWC is present; (iib) Require the parties or their representatives to confer among themselves at conferences at which the FWC is not present; (iiic) Request Request, but not compel compel, a person to attend and/or give evidence at proceedings; (ivd) Request Request, but not compel compel, a person to produce documents;; and/or (ve) Where either party requests, make recommendations about particular aspects of a matter about which they are unable to reach agreement. d. 21.2.4 Any determination by the FWC FWC, following an arbitration arbitration, must be in writing and must give reasons for the determination. e. 21.2.5 In the exercise of its functions under this clause, the FWC must not issue interim orders, 'status quo' orders or interim determinations. f. The 21.2.6 If FWC permits, the parties are entitled to be represented, including by legal representatives, in any proceedings under this clause. g. 21.2.7 If the FWC arbitrates a dispute, any determination made by the FWC is a decision for the purposes of Division 3 of Part 5.1 of the Fair Work Act and can be appealed.

Referral to FWC. a. If the dispute still remains unresolved, then either party may refer the dispute to the FWC for resolution. b. The FWC may deal with a dispute in two stages: i. the FWC will first attempt to resolve the dispute through conciliation; ii. where the matter cannot be resolved by conciliation, at the request of one or both parties, the FWC may arbitrate the dispute. c. In any proceedings before the FWC pursuant to this clause, the FWC may take any or all of the following actions in order to resolve the dispute: (i) Convene conciliation conferences of the parties or their representatives at which the FWC is present; (ii) Require the parties or their representatives to confer among themselves at conferences at which the FWC is not present; (iii) Request but not compel a person to attend and/or give evidence at proceedings; (iv) Request but not compel a person to produce documents; (v) Where either party requests, make recommendations about particular aspects of a matter about which they are unable to reach agreement. d. Any determination by the FWC following an arbitration must be in writing and must give reasons for the determination. e. In the exercise of its functions under this clause, the FWC must not issue interim orders, 'status quo' orders or interim determinations. f. The parties are entitled to be represented, including by legal representatives, in any proceedings under this clause. g. If the FWC arbitrates a dispute, any determination made by the FWC is a decision for the purposes of Division 3 of Part 5.1 of the Fair Work Act and can be appealed.

Referral to FWC. a. 20.2.1 If the dispute still remains unresolved, then either party may refer the dispute to the FWC for resolution. b. 20.2.2 The FWC may deal with a dispute in two stages: i. (a) the FWC will first attempt to resolve the dispute through conciliation; ii. (b) where the matter cannot be resolved by conciliation, at the request of one or both parties, the FWC may arbitrate the dispute. c. 20.2.3 In any proceedings before the FWC pursuant to this clause, the FWC may take any or all of the following actions in order to resolve the dispute: (ia) Convene conciliation conferences of the parties or their representatives at which the FWC is present; (iib) Require the parties or their representatives to confer among themselves at conferences at which the FWC is not present; (iiic) Request but not compel a person to attend and/or give evidence at proceedings; (ivd) Request but not compel a person to produce documents; (ve) Where either party requests, make recommendations about particular aspects of a matter about which they are unable to reach agreement d. 20.2.4 Any determination by the FWC following an arbitration must be in writing and must give reasons for the determination. e. 20.2.5 In the exercise of its functions under this clause, the FWC must not issue interim orders, 'status quo' orders or interim determinations. f. The 20.2.6 If FWC permits, the parties are entitled to be represented, including by legal representatives, in any proceedings under this clause. g. 20.2.7 If the FWC arbitrates a dispute, any determination made by the FWC is a decision for the purposes of Division 3 of Part 5.1 of the Fair Work Act and can be appealed.

Referral to FWC. a. 20.2.1 If the dispute still remains unresolved, then either party may refer the dispute to the FWC for resolution. b. 20.2.2 The FWC may deal with a dispute in two stages: i. (a) the FWC will first attempt to resolve the dispute through conciliation; ii. (b) where the matter cannot be resolved by conciliation, at the request of one or both parties, the FWC may arbitrate the dispute. c. 20.2.3 In any proceedings before the FWC pursuant to this clause, the FWC may take any or all of the following actions in order to resolve the dispute: (ia) Convene conciliation conferences of the parties or their representatives at which the FWC is present; (iib) Require the parties or their representatives to confer among themselves at conferences at which the FWC is not present; (iiic) Request Request, but not compel compel, a person to attend and/or give evidence at proceedings; (ivd) Request Request, but not compel compel, a person to produce documents;; and/or (ve) Where either party requests, make recommendations about particular aspects of a matter about which they are unable to reach agreement. d. 20.2.4 Any determination by the FWC FWC, following an arbitration arbitration, must be in writing and must give reasons for the determination. e. 20.2.5 In the exercise of its functions under this clause, the FWC must not issue interim orders, 'status quo' orders or interim determinations. f. The 20.2.6 If FWC permits, the parties are entitled to be represented, including by legal representatives, in any proceedings under this clause. g. 20.2.7 If the FWC arbitrates a dispute, any determination made by the FWC is a decision for the purposes of Division 3 of Part 5.1 of the Fair Work Act and can be appealed.