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FAIR WORK ACT 2009 - SECT 598

Decisions of the FWC

             (1)  A reference in this Part to a decision of the FWC includes any decision of the FWC however described. However, to avoid doubt, a reference to a decision of the FWC does not include an outcome of a process carried out in accordance with subsection 595(2) (which deals with the FWC's power to deal with disputes).

Note:          Examples of decisions that the FWC makes include making modern awards, approving or refusing to approve enterprise agreements, decisions as to how, when and where a matter is to be dealt with, deciding whether to grant permission to hear an appeal, and decisions in relation to appeals.

             (2)  If the FWC makes a decision that makes or varies an instrument, a reference in this Part to a decision of the FWC includes the FWC's decision to make or vary the instrument in the particular terms decided.

             (3)  A decision of the FWC that is described as an order must be made by order.

Note:          An example of a decision that is described as an order is a bargaining order.

             (4)  A decision of the FWC that is not described as an order may be made by order.



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