Section 724 — Fair Work Act 2009: Equal remuneration applications

(1) The FWC must not deal with an application for an equal remuneration order in relation to an employee if proceedings for an alternative remedy: (a) to ensure equal remuneration for work of equal or comparable value for the employee; or (b) against unequal remuneration for work of equal or comparable value for the employee; have commenced under a law of the Commonwealth (other than Part 2-7) or a law of a State or Territory. (2) Subsection (1) does not prevent the FWC from dealing with the application if the proceedings for the alternative remedy: (a) have been discontinued by the party who commenced the proceedings; or (b) have failed for want of jurisdiction. (3) If an application has been made to the FWC for an equal remuneration order in relation to an employee, a person is not entitled to commence proceedings for an alternative remedy under a law of the Commonwealth (other than Part 2-7) or a law of a State or Territory: (a) to ensure equal remuneration for work of equal or comparable value for the employee; or (b) against unequal remuneration for work of equal or comparable value for the employee. (4) Subsection (3) does not prevent a person from commencing proceedings for an alternative remedy if: (a) the applicant has discontinued the application for the equal remuneration order; or (b) the application has failed for want of jurisdiction. (5) 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 alternative remedy for the purposes of this section.