Section 526 — Fair Work Act 2009 (Cth)

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

(2) The FWC may deal with the dispute by arbitration.

Note: 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)).

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

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

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

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

(ii) the employee’s employer has authorised the leave;

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

(d) an inspector.

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

Related sections

• s 523 — Meanings of employee and employer
• s 524 — Employer may stand down employees in certain circumstances
• s 525 — Employee not stood down during a period of authorised leave or absence
• s 527 — Contravening an FWC order dealing with a dispute about the operation of this Part
• s 527A — Guide to this Part
• s 527B — Meaning of employee and employer

Research how courts apply s 526

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