s 397
In forceMatters involving contested facts
Volume 2Chapter 2, Part 2-5 to Chapter 3A, Part 3A-5 (sections 258 to 536NK)
Chapter 3Rights and responsibilities of employees, employers, organisations etc.
Part 3-2Unfair dismissal
Division 5Procedural matters
397 Matters involving contested facts
(1)
The FWC must conduct a conference or hold a hearing in relation to a matter arising under this Part if, and to the extent that, the matter involves facts the existence of which is in dispute.
(2)
However, the FWC may make a decision in relation to the matter without either conducting a conference or holding a hearing if:
(a)
it appears to the FWC that the matter can be adequately determined in the absence of the parties to the matter; and
(b)
the parties to the matter consent to the FWC making a decision in relation to the matter without conducting a conference or holding a hearing.
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