Document ID: chunk:federal_register_of_legislation:C2013A00073:clause:4a_12
Version: federal_register_of_legislation:C2013A00073
Segment Type: clause
Provision Reference: sch 4A cl 12
Character Range: 53009–53837

12  After subsection 727(1)
Insert:
 (1A) This section also applies if:
 (a) a general protections FWC application has been made by, or on behalf of, the person in relation to the dismissal; and
 (b) the application has not:
 (i) been withdrawn by the person who made the application; or
 (ii) failed for want of jurisdiction; and
 (c) a certificate in relation to the dispute has been issued by the FWC under paragraph 368(3)(a) (which provides for the FWC to issue a certificate if the FWC is satisfied that all reasonable attempts to resolve a dispute (other than by arbitration) have been, or are likely to be, unsuccessful); and
 (d) a notification of the parties' agreement to the FWC arbitrating the dispute has been made as referred to in paragraphs 369(1)(b) and (c).

Part 2—Unlawful termination

Fair Work Act 2009