Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 218

Variation of an enterprise agreement on referral by Australian Human Rights Commission

Review of an enterprise agreement

             (1)  The FWC must review an enterprise agreement if the agreement is referred to it under section 46PW of the Australian Human Rights Commission Act 1986 (which deals with discriminatory industrial instruments).

             (2)  The following are entitled to make submissions to the FWC for consideration in the review:

                     (a)  if the referral relates to action that would be unlawful under Part 4 of the Age Discrimination Act 2004 --the Age Discrimination Commissioner;

                     (b)  if the referral relates to action that would be unlawful under Part 2 of the Disability Discrimination Act 1992 --the Disability Discrimination Commissioner;

                     (c)  if the referral relates to action that would be unlawful under Part II of the Sex Discrimination Act 1984 --the Sex Discrimination Commissioner.

Variation of an enterprise agreement

             (3)  If the FWC considers that the agreement reviewed requires a person to do an act that would be unlawful under any of the Acts referred to in subsection (2) (but for the fact that the act would be done in direct compliance with the agreement), the FWC must vary the agreement so that it no longer requires the person to do an act that would be so unlawful.

             (4)  If the agreement is varied under subsection (3), the variation operates from the day specified in the decision to vary the agreement.



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