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FAIR WORK ACT 2009 - SECT 156

4 yearly reviews of modern awards to be conducted

Timing of 4 yearly reviews

             (1)  The FWC must conduct a 4 yearly review of modern awards starting as soon as practicable after each 4th anniversary of the commencement of this Part.

Note 1:       The FWC must be constituted by a Full Bench to conduct 4 yearly reviews of modern awards, and to make determinations and modern awards in those reviews (see subsections 616(1), (2) and (3)).

Note 2:       The President may give directions about the conduct of 4 yearly reviews of modern awards (see section 582).

What has to be done in a 4 yearly review?

             (2)  In a 4 yearly review of modern awards, the FWC:

                     (a)  must review all modern awards; and

                     (b)  may make:

                              (i)  one or more determinations varying modern awards; and

                             (ii)  one or more modern awards; and

                            (iii)  one or more determinations revoking modern awards; and

                     (c)  must not review, or make a determination to vary, a default fund term of a modern award.

Note 1:       Special criteria apply to changing coverage of modern awards or revoking modern awards (see sections 163 and 164).

Note 2:       For reviews of default fund terms of modern awards, see Division 4A.

Variation of modern award minimum wages must be justified by work value reasons

             (3)  In a 4 yearly review of modern awards, the FWC may make a determination varying modern award minimum wages only if the FWC is satisfied that the variation of modern award minimum wages is justified by work value reasons.

             (4)  Work value reasons are reasons justifying the amount that employees should be paid for doing a particular kind of work, being reasons related to any of the following:

                     (a)  the nature of the work;

                     (b)  the level of skill or responsibility involved in doing the work;

                     (c)  the conditions under which the work is done.

Each modern award to be reviewed in its own right

             (5)  A 4 yearly review of modern awards must be such that each modern award is reviewed in its own right. However, this does not prevent the FWC from reviewing 2 or more modern awards at the same time.



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