Section 727 — Fair Work Act 2009: General protections FWC applications

(1) This section applies if: (a) a general protections FWC application has been made by, or on behalf of, the person in relation to the dismissal; and (b) the application has not: (i) been withdrawn by the person who made the application; or (ii) failed for want of jurisdiction; or (iii) resulted in the issue of a certificate under paragraph 368(3)(a) (which provides for the FWC to issue a certificate if the FWC is satisfied that all reasonable attempts to resolve a dispute (other than by arbitration) have been, or are likely to be, unsuccessful). (1A) This section also applies if: (a) a general protections FWC application has been made by, or on behalf of, the person in relation to the dismissal; and (b) the application has not: (i) been withdrawn by the person who made the application; or (ii) failed for want of jurisdiction; and (c) a certificate in relation to the dispute has been issued by the FWC under paragraph 368(3)(a) (which provides for the FWC to issue a certificate if the FWC is satisfied that all reasonable attempts to resolve a dispute (other than by arbitration) have been, or are likely to be, unsuccessful); and (d) a notification of the parties’ agreement to the FWC arbitrating the dispute has been made as referred to in paragraphs 369(1)(b) and (c). (2) A general protections FWC application is an application under section 365 for the FWC to deal with a dispute that relates to dismissal.