397Matters involving contested facts

397 Matters involving contested facts

(1) The FWC must conduct a conference or hold a hearing in relation to a matter arising under this Part if, and to the extent that, the matter involves facts the existence of which is in dispute.

(2) However, the FWC may make a decision in relation to the matter without either conducting a conference or holding a hearing if:

(a) it appears to the FWC that the matter can be adequately determined in the absence of the parties to the matter; and

(b) the parties to the matter consent to the FWC making a decision in relation to the matter without conducting a conference or holding a hearing.