s65B-65C: ss 65B and 65C Resolve flexible work disputes at the workplace and comply with FWC orders
Where the employer refuses a request or has not responded within 21 days, the parties first try to resolve the dispute by discussion at the workplace; either may refer it to the FWC, which conciliates first and may arbitrate, including ordering the employer to grant the request or make other changes; the employer complies with any such order (a civil remedy provision). More beneficial State and Territory flexible work laws are not excluded (s 66).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s65B-65C. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Records of workplace discussions attempting to resolve flexible work disputes; FWC correspondence and any orders made, with evidence of implementation; Dispute resolution procedure referencing ss 65B and 65C
What usually goes missing
Dispute referred to the FWC without prior workplace discussion; FWC order not implemented within the time set; Managers unaware employees can refer refusals to the FWC
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.