#### 5 Application of Fair Work Act 2009 (3) The powers of the Fair Work Commission do not extend to employment in relation to which a tribunal established by an Ordinance in force under this Act or by an enactment, whether made or passed before or after the commencement of this section, has power to hear and determine disputes, claims or matters relating to the terms and conditions of the employment. (4) An Ordinance under this Act or an enactment may make provision for a member of the Fair Work Commission to constitute, or be a member of, a tribunal of the kind referred to in subsection (3), and nothing in this section or the Fair Work Act 2009 prevents a member of the Fair Work Commission from accepting appointment or performing duties as, or as a member of, such a tribunal.

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