Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 472

Orders by the FWC relating to certain partial work bans

             (1)  The FWC may make an order varying the proportion by which an employee's payments are reduced.

             (2)  The FWC may make the order only if a person has applied for it under subsection (4).

             (3)  In considering making such an order, the FWC must take into account:

                     (a)  whether the proportion specified in the notice given under paragraph 471(1)(c) was reasonable having regard to the nature and extent of the partial work ban to which the notice relates; and

                     (b)  fairness between the parties taking into consideration all the circumstances of the case.

             (4)  An employee, or the employee's bargaining representative, may apply to the FWC for an order under subsection (2) if a notice has been given under paragraph 471(1)(c) stating that the employee's payments will be reduced.



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