Section 721 — Fair Work Act 2009: Equal remuneration applications

(1) The FWC must not deal with an application for an equal remuneration order if the FWC is satisfied that there is available to the employees to whom the order will apply, an adequate alternative remedy that: (a) exists under a law of the Commonwealth (other than Part 2-7) or a law of a State or Territory; and (b) will ensure equal remuneration for work of equal or comparable value for those employees. (2) A remedy that: (a) exists under a law of the Commonwealth, a State or a Territory relating to discrimination in relation to employment; and (b) consists solely of compensation for past actions; is not an adequate alternative remedy for the purposes of this section.