66MDisputes about the operation of this Division

66M  Disputes about the operation of this Division Application of this section to disputes about employee choice  (1) This section applies to a dispute between an employer and an employee about the operation of Subdivision B of this Division.  (4) In the first instance, the parties to the dispute must attempt to resolve the dispute at the workplace level, by discussions between the parties. Note 1: Modern awards and enterprise agreements must include a term that provides a procedure for settling disputes in relation to the National Employment Standards (see paragraph 146(b) and subsection 186(6)). Note 2: Subsection 55(4) permits inclusion of terms that are ancillary or incidental to, or that supplement, the National Employment Standards. However, a term of a modern award or an enterprise agreement has no effect to the extent it contravenes section 55 (see section 56).  (5) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the dispute to the FWC.  (6) If a dispute is referred under subsection (5):  (a) the FWC must first deal with the dispute by means other than arbitration, unless there are exceptional circumstances; and  (b) the FWC may deal with the dispute by arbitration in accordance with section 66MA. Note: For the purposes of paragraph (a), the FWC may deal with the dispute as it considers appropriate, including by mediation, conciliation, making a recommendation or expressing an opinion (see subsection 595(2)).  (10) The employer or employee may appoint a person, or an employer organisation or employee organisation, that is entitled to represent the industrial interests of the employer or employee to provide the employer or employee (as the case may be) with support or representation for the purposes of: Note: A person may be represented by a lawyer or paid agent in a matter before the FWC only with the permission of the FWC (see section 596). Procedural rules  (11) Without limiting section 609, the procedural rules may provide, in relation to a dispute between an employer and employee that has been referred to the FWC under subsection (5) of this section, for the joinder of the following as parties to the dispute:  (a) any other employee that has a dispute to which this section applies with the same employer;  (b) any employee organisation that is entitled to represent the industrial interests of such an employee. 66MA  Arbitration FWC may make any orders it considers appropriate  (1) For the purposes of paragraph 66M(6)(b), the FWC may deal with the dispute by arbitration, including by making any orders it considers appropriate, including (but not limited to) any order referred to in subsection (4) of this section.  (2) However, the FWC must not make an order under this section unless the FWC considers that it would be fair and reasonable to make the order. Note: The FWC must also take into account the object of this Act and the object of this Division (see paragraph 578(a)).  (3) The FWC must not make an order under subsection (1) that would be inconsistent with:  (b) a term of a fair work instrument (other than an order made under that subsection) that, immediately before the order is made, applies to the employer and employee. Orders relating to employee choice  (4) For the purposes of paragraph (1)(a), the orders are the following:  (a) that the employee continue to be treated as a casual employee;  (b) that the employee be treated as a full‑time employee or part‑time employee (as the case may be) from the first day of the employee’s first full pay period that starts after the day the order is made, or such later day that the FWC considers appropriate.  (5) In considering whether to make, and the terms of, an order under subsection (1) (including an order referred to in subsection (4)) in relation to a dispute about the operation of Subdivision B of this Division (which deals with employee choice about casual employment), the FWC must:  (a) have regard to whether substantial changes to the employee’s terms and conditions would be reasonably necessary to ensure the employer does not contravene a term of a fair work instrument that would apply to the employee as a full‑time employee or part‑time employee; and  (b) disregard conduct of the employer and employee that occurred after the employee gave the notification under section 66AAB (which deals with employee choice notifications) to the employer.  (8) A person must not contravene a term of an order made under subsection (1). Division 5—Parental leave and related entitlements