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FAIR WORK ACT 2009 - SECT 156A

4 yearly reviews of default fund terms

Timing of 4 yearly reviews

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

Note:          The President may give directions about the conduct of those reviews (see section 582).

Two stages of the 4 yearly reviews

             (2)  There are 2 stages of the 4 yearly review.

First stage--the Default Superannuation List

             (3)  In the first stage, the FWC must make the Default Superannuation List for the purposes of the review.

Note:          In the first stage, the FWC must be constituted by an Expert Panel for the purposes of making the list and determining applications to include standard MySuper products on the list (see paragraphs 617(4)(a) and (b)).

Second stage--reviewing and varying default fund terms

             (4)  In the second stage, the FWC:

                     (a)  must review the default fund term of each modern award; and

                     (b)  must make a determination varying the term in accordance with section 156H; and

                     (c)  if section 156J applies--must make a determination varying the term in accordance with that section.

Note:          For the second stage, the FWC must be constituted by a Full Bench (see subsections 616(2A) and (3A)).

The Schedule of Approved Employer MySuper Products

             (5)  In the 4 yearly review, the FWC must also make the Schedule of Approved Employer MySuper Products.

Note:          The FWC must be constituted by an Expert Panel for the purposes of making the schedule and determining applications to include employer MySuper products on the schedule (see paragraphs 617(4)(c) and (d)).



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