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Fair Work Amendment Bill 2013

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2010-2011-2012-2013

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Fair Work Amendment Bill 2013

 

 

( 1 )     Clause  2 , page 2 (after table item  10 ), insert:

10A.  Schedule 5, item 4

The day after this Act receives the Royal Assent.

 

[commencement]

(2)     Schedule  5 , page 29 (after line 14) , at the end of the Schedule, add:

4  At the end of Subdivision B of Division 3 of Part 5-1

Add:

595A  Conciliat ion and arbitrat ion of disputes

             (1)  Despite any other provision of this Act but without limitation, the FWC may deal with a dispute in the following way:

                     (a)  in the first 3 months of the dispute—by fixing a date to begin conciliation;

                     (b)  in the 3 months following the date fixed to begin conciliation—by conciliation;

                     (c)  after the end of the period referred to in paragraph (b)—by arbitration (including by making any orders it considers appropriate) on application by:

                              (i)  an employee who is a party to the dispute; or

                             (ii)  an organisation that is entitled to represent the industrial interests of such an employee.

             (2)  On application in accordance with paragraph (1)(c), the FWC:

                     (a)  may arbitrate the dispute; and

                     (b)  must arbitrate the dispute if arbitration by the FWC is agreed to by:

                              (i)  a majority of the employees who are parties to the dispute, by a voting method approved by the FWC; and

                             (ii)  any organisations entitled to represent the industrial interests of those employees.

             (3)  On request by an employee who is a party to the dispute or an organisation that is entitled to represent the industrial interests of such an employee, the FWC may, but is not required to:

                     (a)  consider; and

                     (b)  approve or refuse to approve;

a voting method for the purposes of subparagraph (2)(b)(i).

[conciliation and arbitration of disputes affecting minimum wage employees]