King & Wood Mallesons

Asia-Pacific 100 position: 3

Enterprise agreement dispute resolution procedures must be carefully followed before going to the FWC with a complaint

By Katie Gothard-Leigh

The Fair Work Commission (FWC) has held that it did not have the jurisdiction to settle a dispute where the parties’ own dispute resolution procedures had not been followed.

The company’s enterprise bargaining agreement set out an internal dispute resolution procedure that employees had to follow before either party could refer the matter to the FWC for conciliation or arbitration…

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Level 61, Governor Phillip Tower
1 Farrer Place
Sydney
NSW 2000
Australia
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Jurisdiction: PRC/Australia
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