61ADealing with disputes

61A  Dealing with disputes

Disputes dealt with by the Fair Work Commission

 (a) a term referred to in paragraph 60(5)(d) or 61(5)(d) requires or allows the Fair Work Commission to deal with a dispute about any matter arising under a determination under subsection 60(5) or 61(5); and

 (b) such a dispute arises; and

 (c) a party to the dispute applies to the Fair Work Commission to deal with the dispute;

the Fair Work Commission may deal with the dispute.

 (2) In dealing with the dispute, the Fair Work Commission must not exercise any powers limited by the term referred to in paragraph 60(5)(d) or 61(5)(d) (as the case requires).

 (3) If, in accordance with that term, the parties to the dispute have agreed that the Fair Work Commission may arbitrate (however described) the dispute, the Fair Work Commission may do so.

 (4) Division 3 of Part 5‑1 of the Fair Work Act 2009 applies in relation to the Fair Work Commission dealing with the dispute in a corresponding way to the way in which that Division applies in relation to the dealing with a dispute covered by subsection 595(1) of that Act.

Disputes dealt with by persons other than the Fair Work Commission

 (5) If a term referred to in paragraph 60(5)(d) or 61(5)(d) requires or allows a person other than the Fair Work Commission to deal with a dispute about any matter arising under a determination under subsection 60(5) or 61(5):

 (a) the person, in dealing with the dispute, must not exercise any powers limited by the term; and

 (b) if, in accordance with the term, the parties to the dispute have agreed that the person may arbitrate (however described) the dispute—the person may do so.