Fair Work Act 2009

This section applies to a dispute between an employer and employee about the operation of this Division.

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 refer the dispute to the FWC.

If a dispute is referred under subsection (3):

the FWC must deal with the dispute; and

if the parties notify the FWC that they agree to the FWC arbitrating the dispute—the FWC may deal with the dispute by arbitration.

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 or employee to the dispute may appoint a person or industrial association to provide the employer or employee (as the case may be) with support or representation for the purposes of:

resolving the dispute; or

referring the dispute to the FWC; 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).