Fair Work Act 2009

This Division applies to a dispute about the operation of this Part if:

a regulated labour hire arrangement order is in force that covers a regulated host, an employer and a regulated employee of the employer performing work for the regulated host; or

a regulated labour hire arrangement order has been made but is not yet in force that covers a regulated host, an employer and a regulated employee of the employer performing work for the regulated host.

Without limiting subsection (1), this Division applies to a dispute about:

what the protected rate of pay for a regulated employee is; or

whether a regulated employee has been, or is being, paid less than the protected rate of pay for the employee.

In the first instance, the parties to the dispute must attempt to resolve the dispute at the workplace level by discussions between the parties.

If discussions at the workplace level do not resolve the dispute, a party to the dispute may apply to the FWC to resolve the dispute.

If a party to the dispute makes an application under subsection (4):

the FWC must first deal with the dispute by means other than arbitration, unless there are exceptional circumstances; and

the FWC may deal with the dispute by arbitration in accordance with section 306Q.

For the purposes of paragraph (a), the FWC may deal with the dispute as it considers appropriate, including by mediation, conciliation, making a recommendation or expressing an opinion (see subsection 595(2)).

The employer, employee or regulated host may appoint a person or organisation that is entitled to represent the industrial interests of the employer, employee or regulated host to provide the employer, employee or regulated host (as the case may be) with support or representation for the purposes of:

resolving the dispute; or

the FWC dealing with the dispute.

A person may be represented by a lawyer or paid agent in a matter before the FWC only with the permission of the FWC (see section 596).

Without limiting section 609, the procedural rules may provide for the joinder, as parties to a dispute in relation to which an employee has made an application under subsection (4), of any other employees who have a dispute about the operation of this Part with the same regulated host or employer.