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Fair Work Act 1994
Div 1Processes generally
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Division 1—Processes generally
14—Amendment or rectification of proceedings
(1) SAET may—
(a) allow the amendment of an application, notice, submission, report or other document associated with proceedings; or
(b) correct an error, defect or irregularity (even though the error, defect or irregularity may be such as to render the proceedings void).
(2) If SAET exercises its power to correct an error, defect or irregularity under subsection (1)(b), the proceedings are as valid and effective as if the error, defect or irregularity had never happened.
15—Power to re-open questions
SAET may re‑open a question previously decided and amend or quash an earlier determination.
16—General power of waiver
(1) SAET may, on conditions it considers appropriate, waive compliance with a procedural requirement of this Act or the rules.
(2) SAET may punish non‑compliance with a procedural direction by striking out proceedings, or any defence, in whole or in part.
17—Applications to SAET
(1) For the purposes of the South Australian Employment Tribunal Act 2014, proceedings before SAET under this Act are commenced by an application made to SAET—
(a) if, in the Minister's opinion, it is in the public interest that the matter be dealt with by SAET—by the Minister; or
(b) by an employer, or group of employers; or
(c) by an employee, or group of employees; or
(d) by a registered association of employers; or
(e) by a registered association of employees; or
(f) by the United Trades and Labor Council.
(2) A natural person may bring an application as of right if the application is authorised under some other provision of this Act but otherwise must establish to the satisfaction of SAET—
(a) that the claim arises out of a genuine industrial grievance; and
(b) that there is no other impartial grievance resolution process that is (or has been) reasonably available to the person.