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FAIR WORK ACT 2009 - SECT 734BB

Limitation on applications for remedy for unfair termination--other proceedings in progress

  (1)   An application under Division   5 of Part   3A - 3 (unfair deactivation or unfair termination of regulated workers) in relation to termination of a services contract must not be made if other termination proceedings have been commenced in relation to the services contract, unless the other termination proceedings:

  (a)   have been discontinued by the person who commenced them; or

  (b)   have failed for want of jurisdiction.

  (2)   A person must not commence other termination proceedings in relation to a services contract if an application under Division   5 of Part   3A - 3 has been made in relation to termination of the services contract unless:

  (a)   the application has been discontinued by the person who made it; or

  (b)   the proceedings in relation to the application have failed for want of jurisdiction.

  (3)   In this section:

"other termination proceedings" means proceedings (if any) specified in regulations made for the purposes of this definition.



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