Referral to the FWC. If a party to the dispute refers the Decision for review to the FWC, all parties to the dispute irrevocably consent to the FWC dealing with the dispute, including by arbitration.
Referral to the FWC. (e) If a party to the dispute refers the Decision for review to the FWC, all parties to the dispute irrevocably consent to the FWC dealing with the dispute, including by arbitration.
(f) A review by the FWC is not a hearing afresh (not a hearing de novo); it is a review by way of rehearing. This means that the FWC must identify whether the Panel has made an error of law, a material error of fact or a decision which is legally unreasonable or unjust (inferred error). It is acknowledged that the FWC has the discretion to admit new evidence as required.
(g) The FWC may deal with the dispute by conciliation, arbitration, or by the exercise of any of its other powers under the Fair Work Act, or by any combination of methods.
(h) If the FWC deals with the dispute by arbitration:
(i) by a single member of the FWC and makes an arbitral award
(A) any party to the dispute (or its representative) may, within 21 days after the date of the FWC Decision, appeal to a Full Bench of the FWC;
(B) if no party appeals from the FWC Decision within the period stated in clause 11.3(h)(i)(A) above, that FWC Decision will be final and binding on the parties to the dispute.
(ii) by a Full Bench of the FWC and makes a decision, the decision will be final and binding on the parties to the dispute.
(i) If any party to the dispute fails or refuses to comply with or participate in Step 1 of this clause, any other non-breaching party to the dispute (or its representative) may, in its absolute discretion:
(i) refer the dispute to the Panel, which will deal with the dispute in accordance with Step 2 above noting that the non-breaching party may request the Panel at this stage to refer the dispute directly to the FWC to deal with the dispute by conciliation, arbitration, by the exercise of any of its powers under the Fair Work Act, or by any combination of methods.
(j) If any party to the dispute fails or refuses to comply with or participate in Step 2 of this clause, any other non-breaching party to the dispute (or its representative) may, in its absolute discretion:
(i) refer the dispute to the FWC to deal with the dispute by conciliation, arbitration, or by the exercise of any of its other powers under the Fair Work Act, or by any combination of methods; or
(ii) continue to pursue Step 2 above, including by seeking that the Panel make a Decision despite any non-compliance or non- participation of any other party.
Referral to the FWC. 1.42.9.1 If the grievance or dispute is unable to be resolved in accordance with clause 1.42.7, and without limiting the FWC's power to deal with disputes about statutory flexible work arrangements under the NES, a party to the grievance or dispute may apply to the FWC:
(a) for assistance to resolve the grievance or dispute through conciliation;
(b) to have the matter arbitrated if conciliation is unsuccessful.
1.42.9.2 The decision of the FWC will bind the parties to the dispute, subject to either party exercising a right of appeal in accordance with the FW Act.
1.42.9.3 Disputed Matters dealt with by the Dispute Committee as set out at clause 1.42.8 may not be referred to the FWC.
Referral to the FWC. 67.11.1 If the dispute is not resolved as provided at clause 67.4 to 67.8, either party may refer the dispute to the FWC. The FWC may deal with the dispute in two stages:
67.11.1.1 the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
67.11.1.2 if the FWC is unable to resolve the dispute at the first stage, the FWC may then arbitrate the dispute and make a determination that is binding on the parties.
67.11.2 Subject to appeal rights under the FW Act, the parties to the dispute agree to be bound by a decision made by the FWC in accordance with this clause.
Referral to the FWC. 9.1 If the grievance or dispute is unable to be resolved in accordance with clause 1.42.7, and without limiting the FWC's power to deal with disputes about statutory flexible work arrangements under the NES, a party to the grievance or dispute may apply to the FWC:
(a) for assistance to resolve the grievance or dispute through conciliation;
(b) to have the matter arbitrated if conciliation is unsuccessful.
