Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 390

  (1)   Subject to subsection   (3), the FWC may order a person's reinstatement, or the payment of compensation to a person, if:

  (a)   the FWC is satisfied that the person was protected from unfair dismissal (see Division   2) at the time of being dismissed; and

  (b)   the person has been unfairly dismissed (see Division   3).

  (2)   The FWC may make the order only if the person has made an application under section   394.

  (3)   The FWC must not order the payment of compensation to the person unless:

  (a)   the FWC is satisfied that reinstatement of the person is inappropriate; and

  (b)   the FWC considers an order for payment of compensation is appropriate in all the circumstances of the case.

Note:   Division   5 deals with procedural matters such as applications for remedies.