587AOrders about further applications after dismissal

587A Orders about further applications after dismissal

(1) If the FWC dismisses an application (the substantive application) under paragraph 587(1)(b) or (c), the FWC may order that the applicant must not make a further application to the FWC of a kind specified in the order without the permission of the FWC, given by the President, a Vice President or Deputy President.

Note: The FWC must be constituted by a Full Bench to give an order under subsection (1) (see subsection 616(4C)).

(2) The FWC must not make an order under subsection (1) unless:

(a) the applicant has been given a reasonable opportunity to make submissions to the FWC in relation to whether the order should be made; and

(b) the FWC has taken into account any submissions received.

(3) The FWC may make an order under subsection (1):

(a) on its own initiative; or

(b) on application by a party to a matter dealt with by the substantive application.

(4) An order under subsection (1) has effect despite any other provision of this Act or any other Act.

(5) An application made in contravention of an order under subsection (1) has no effect.

(6) A decision to refuse to permit a further application as mentioned in subsection (1) must not be appealed under section 604.