Fair Work Act 2009

The FWC must not deal with an application for an equal remuneration order in relation to an employee if proceedings for an alternative remedy:

to ensure equal remuneration for work of equal or comparable value for the employee; or

against unequal remuneration for work of equal or comparable value for the employee;

Subsection (1) does not prevent the FWC from dealing with the application if the proceedings for the alternative remedy:

have been discontinued by the party who commenced the proceedings; or

have failed for want of jurisdiction.

If an application has been made to the FWC for an equal remuneration order in relation to an employee, a person is not entitled to commence proceedings for an alternative remedy under a law of the Commonwealth (other than Part 2‑7) or a law of a State or Territory:

to ensure equal remuneration for work of equal or comparable value for the employee; or

against unequal remuneration for work of equal or comparable value for the employee.

Subsection (3) does not prevent a person from commencing proceedings for an alternative remedy if:

the applicant has discontinued the application for the equal remuneration order; or

the application has failed for want of jurisdiction.

A remedy that:

exists under a law of the Commonwealth, a State or a Territory relating to discrimination in relation to employment; and

consists solely of compensation for past actions;