Fair Work Act 2009

The FWC may deal with a dispute about the operation of this Part.

The FWC may deal with the dispute by arbitration.

The FWC may also deal with a dispute by mediation or conciliation, or by making a recommendation or expressing an opinion (see subsection 595(2)).

The FWC may deal with the dispute only on application by any of the following:

an employee who has been, or is going to be, stood down under subsection 524(1) (or purportedly under subsection 524(1));

an employee in relation to whom the following requirements are satisfied:

the employee has made a request to take leave to avoid being stood down under subsection 524(1) (or purportedly under subsection 524(1));

the employee’s employer has authorised the leave;

an employee organisation that is entitled to represent the industrial interests of an employee referred to in paragraph (a) or (b);

an inspector.

In dealing with the dispute, the FWC must take into account fairness between the parties concerned.