Industrial Relations Act 2016

An application can not be made under section 253 for an order to secure equal remuneration for work of equal or comparable value for an employee if there are current proceedings for an alternative remedy under—

another provision of this Act; or

another Act.

If an application under section 253 has been made, the person who made the application can not start proceedings for an alternative remedy under a provision or Act mentioned in subsection (1).

Subsection (2) does not prevent proceedings being started for an alternative remedy if the proceedings under this part have—

been discontinued by the party who started the proceedings; or

failed for want of jurisdiction.

In this section—

alternative remedy means an alternative remedy—

to secure the remuneration for the employee; or

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