Fair Work Act 2009
536LXMatters involving contested facts
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536LX 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.