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Dispute Resolution and Award Coverage

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According to the Building and Construction General On-Site Award 2020 (‘the Building Award’) a dispute can be referred to the Fair Works Commission (‘FWC’) if internal attempts have failed.

In a recent matter, the CFMMEU referred a dispute for resolution to the FWC in terms of Clause 39 of the Building Award. The FWC found that the CFMMEU made the referral in terms of the wrong Award and accordingly the FWC dismissed the referral.

When dealing with a dispute make sure the parties are covered by the Award in question before agreeing to dispute resolution.

If a dispute arises about a matter under the Building Award or the NES you can:

  1. Try to resolve the dispute at the workplace through discussion between the employee, employer and relevant supervisor; if this fails
  2. The parties must try to resolve the dispute in a timely manner at the workplace through discussion between the employee and more senior levels of management;
  3. Only if workplace discussions are unsuccessful a party may refer the dispute to the FWC for resolution.

If you have any questions in relation to dispute resolution or coverage under your Award, contact our Workplace Relations and Legal Team on (02) 6175 5900.

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