Dispute dealt with by persons other than the FWC
(1) This section applies if a term referred to in section 738 requires or allows a person other than the FWC to deal with a dispute. (3) If, in accordance with the term, the parties have agreed that the person may arbitrate (however described) the dispute, the person may do so. (4) Despite subsection (3), the person must not make a decision that is inconsistent with this Act, or a fair work instrument that applies to the parties.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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