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Fair Work Commission Rules 2024
119Application for the FWC to deal with a dispute
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119 Application for the FWC to deal with a dispute
(1) An application under section 739 of the Act for the FWC to deal with a dispute must be accompanied by a copy of the term referred to in section 738 of the Act under which the FWC is required or allowed to deal with the dispute.
(2) If the respondent wants to respond to the application, the respondent must:
(a) lodge a response by the person, in writing, with the FWC as soon as practicable after the respondent is served with the application; and
(b) serve a copy of the response on the applicant as soon as practicable after lodging the response with the FWC.
Chapter 3—Matters under other Acts
Part 1—Matters under the Transitional Act
Division 1—Termination of transitional instruments
120 Application for approval of the termination of a collective agreement‑based transitional instrument
(1) An application under section 222 of the Act for approval of the termination of a collective agreement‑based transitional instrument must be accompanied by a declaration by the applicant setting out the basis on which the FWC can be satisfied that the requirements of section 223 of the Act have been met.
Note 2: Section 223 of the Act sets out the circumstances in which the FWC must approve the termination.
Note 3: An application may be made under section 222 of the Act for approval of the termination of a collective agreement‑based transitional instrument by virtue of the extended operation given to that section by item 15 of Schedule 3 to the Transitional Act. Item 15 provides that Subdivision C of Division 7 of Part 2‑4 of the Act (which deals with termination of enterprise agreements by employers and employees) applies in relation to a collective agreement‑based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement‑based transitional instrument.
(2) The applicant must serve a copy of the declaration with the application.