Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 536NH

Dismissing applications

  (1)   The FWC may, subject to subsection   (2), dismiss an application for an order under Division   3 if the FWC is satisfied that the applicant has unreasonably:

  (a)   failed to attend a conference conducted by the FWC, or a hearing held by the FWC, in relation to the application; or

  (b)   failed to comply with a direction or order of the FWC relating to the application; or

  (c)   failed to discontinue the application after a settlement agreement has been concluded.

Note:   For another power of the FWC to dismiss applications for orders under Division   3, see section   587.

  (2)   The FWC may exercise its power under subsection   (1) on application by a party to the matter or an organisation entitled to represent the industrial interests of a party to the matter.

  (3)   This section does not limit when the FWC may dismiss an application.



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