724Equal remuneration applications

724 Equal remuneration applications

(1) The FWC must not deal with an application for an equal remuneration order in relation to an employee if proceedings for an alternative remedy:

(a) to ensure equal remuneration for work of equal or comparable value for the employee; or

(b) against unequal remuneration for work of equal or comparable value for the employee;

have commenced under a law of the Commonwealth (other than Part 2‑7) or a law of a State or Territory.

(2) Subsection (1) does not prevent the FWC from dealing with the application if the proceedings for the alternative remedy:

(a) have been discontinued by the party who commenced the proceedings; or

(b) have failed for want of jurisdiction.

(3) If an application has been made to the FWC for an equal remuneration order in relation to an employee, a person is not entitled to commence proceedings for an alternative remedy under a law of the Commonwealth (other than Part 2‑7) or a law of a State or Territory:

(a) to ensure equal remuneration for work of equal or comparable value for the employee; or

(b) against unequal remuneration for work of equal or comparable value for the employee.

(4) Subsection (3) does not prevent a person from commencing proceedings for an alternative remedy if:

(a) the applicant has discontinued the application for the equal remuneration order; or

(b) the application has failed for want of jurisdiction.

(5) A remedy that:

(a) exists under a law of the Commonwealth, a State or a Territory relating to discrimination in relation to employment; and

(b) consists solely of compensation for past actions;

is not an alternative remedy for the purposes of this section.