Fair Work Act 2009
730Unlawful termination FWC applications
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730 Unlawful termination FWC applications
(1) This section applies if:
(a) an unlawful termination FWC application has been made by, or on behalf of, the person in relation to the alleged dismissal; and
(b) the application has not:
(i) been withdrawn by the person who made the application; or
(ii) failed for want of jurisdiction; or
(iii) resulted in the issue of a certificate under paragraph 776(3)(a) (which provides for the FWC to issue a certificate if the FWC is satisfied that all reasonable attempts to resolve a dispute (other than by arbitration) have been, or are likely to be, unsuccessful).
(1A) This section also applies if:
(a) an unlawful termination FWC application has been made by, or on behalf of, the person in relation to the alleged dismissal; and
(b) the application has not:
(i) been withdrawn by the person who made the application; or
(ii) failed for want of jurisdiction; and
(c) a certificate in relation to the dispute has been issued by the FWC under paragraph 776(3)(a) (which provides for the FWC to issue a certificate if the FWC is satisfied that all reasonable attempts to resolve a dispute (other than by arbitration) have been, or are likely to be, unsuccessful); and
(d) a notification of the parties’ agreement to the FWC arbitrating the dispute has been made as referred to in paragraphs 777(1)(b) and (c).
(2) An unlawful termination FWC application is an application under section 773 for the FWC to deal with a dispute that relates to an alleged dismissal.