Fair Work Commission

Overview

See Fair Work Act 2009 ss.595 and 789GV

The Fair Work Commission may deal with a dispute about the operation of Part 6-4C of the Fair Work Act by:

• mediation or conciliation conducted by a Commission Member (helping parties to agree on how to resolve the dispute)
• a Commission Member making a recommendation or expressing an opinion
• a Commission Member arbitrating.

Before 29 March 2021, the Commission may make any of the following orders in dealing with a dispute under Part 6-4C:

• an order that the Commission considers desirable to give effect to a jobkeeper enabling direction
• an order setting aside a jobkeeper enabling direction
• an order setting aside a jobkeeper enabling direction and substituting a different jobkeeper enabling direction
• any other order that the Commission considers appropriate.

Although the Commission can continue to deal with disputes about the operation of Part 6-4C after 29 March 2021,^[1] the Commission must not make an order giving effect to a jobkeeper direction or substituting a different jobkeeper direction on or after 29 March 2021 (and any order giving effect to a jobkeeper direction ceases to have effect at the start of 29 March 2021).^[2]

References