Document ID: chunk:federal_register_of_legislation:F2025L00202:schedule:3:p2
Version: federal_register_of_legislation:F2025L00202
Segment Type: schedule
Provision Reference: sch 3 (pt 2/2)
Character Range: 17412–18998

a dispute is a decision for the purposes of Division 3 of Part 5-1 of the Fair Work Act 2009 (Cth) and a person aggrieved by the decision may seek to appeal the decision as provided for in that Act.

        1.       Subject to any order made by the Fair Work Commission under subclause (8)(a), while the parties are trying to resolve the dispute using the procedures in this term:
            1.            an employee must continue to perform work as the employee normally would unless the employee has a reasonable concern about an imminent risk to health or safety; and
           2.       an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:
             1.             the work is not safe; or
             2.           applicable occupational health and safety legislation would not permit the work to be performed; or
             3.         the work is not appropriate for the employee to perform; or
             4.          there are other reasonable grounds for the employee to refuse to comply with the direction.
        1.   The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.

Note: In addition to this clause, the Fair Work Act 2009 contains dispute resolution procedures as follows:

Request flexible working arrangements: section 65B

Change casual employment status: section 66M

Request an extension to unpaid parental leave: section 76B

Exercise an employee's right to disconnect: section 333N