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FAIR WORK ACT 2009 - SECT 168K

Rules about revoking State reference public sector modern awards

             (1)  The FWC may make a determination revoking a State reference public sector modern award only on application under section 158 by:

                     (a)  a State reference public sector employer; or

                     (b)  an organisation that is entitled to represent the industrial interests of a State reference public sector employer or of a State reference public sector employee.

             (2)  The FWC must not make a determination revoking a State reference public sector modern award unless the FWC is satisfied that:

                     (a)  the modern award is obsolete or no longer capable of operating; or

                     (b)  all the employees covered by the modern award will, when the revocation comes into operation, be covered by a different modern award (other than the miscellaneous modern award) that is appropriate for them.

             (3)  In deciding whether to revoke a State reference public sector modern award, the FWC must take into account the following:

                     (a)  the circumstances that led to the making of the modern award;

                     (b)  the terms and conditions of employment applying in the industry or occupation in which the persons covered by the modern award operate, and the extent to which those terms and conditions are reflected in the modern award;

                     (c)  the extent to which the modern award facilitates arrangements, and provides terms and conditions of employment, referred to in paragraphs 168F(1)(a) and (b);

                     (d)  the likely impact on the persons covered by the modern award of a decision to revoke, or not to revoke, the modern award;

                     (e)  the views of the persons covered by the modern award;

                      (f)  any other matter prescribed by the regulations.



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