Section 369 — Fair Work Act 2009: Dealing with a dismissal dispute by arbitration

(1) This section applies if: (a) the FWC issues a certificate under paragraph 368(3)(a) in relation to the dispute; and (b) the parties notify the FWC that they agree to the FWC arbitrating the dispute; and (c) the notification: (i) is given to the FWC within 14 days after the day the certificate is issued, or within such period as the FWC allows on an application made during or after those 14 days; and (ii) complies with any requirements prescribed by the procedural rules; and (d) sections 726, 728, 729, 730, 731 and 732 do not apply. Note: Sections 726, 728, 729, 730, 731 and 732 prevent multiple applications or complaints of a kind referred to in those sections from being made in relation to the same dispute. A notification can only be made under this section where there is no such other application or complaint in relation to the dispute at the time the notification is made. Generally, once a notification is made no such application or complaint can be made in relation to the dispute (see section 727). (2) The FWC may deal with the dispute by arbitration, including by making one or more of the following orders: (a) an order for reinstatement of the person; (b) an order for the payment of compensation to the person; (c) an order for payment of an amount to the person for remuneration lost; (d) an order to maintain the continuity of the person’s employment; (e) an order to maintain the period of the person’s continuous service with the employer. (3) A person to whom an order under subsection (2) applies must not contravene a term of the order. Note: This subsection is a civil remedy provision (see Part 4-1).