Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 601

Writing and publication requirements for the FWC's decisions

  (1)   The following decisions of the FWC must be in writing:

  (a)   a decision of the FWC made under a Part of this Act other than this Part;

  (b)   an interim decision that relates to a decision to be made under a Part of this Act other than this Part;

  (c)   a decision in relation to an appeal or review.

Note:   For appeals and reviews, see sections   604 and 605.

  (2)   The FWC may give written reasons for any decision that it makes.

  (3)   A decision, and reasons, that are in writing must be expressed in plain English and be easy to understand in structure and content.

  (4)   The FWC must publish the following, on its website or by any other means that the FWC considers appropriate:

  (a)   a decision that is required to be in writing and any written reasons that the FWC gives in relation to such a decision;

  (b)   an enterprise agreement that has been approved by the FWC under Part   2 - 4.

The FWC must do so as soon as practicable after making the decision or approving the agreement.

  (5)   Subsection   (4) does not apply to any of the following decisions or reasons in relation to such decisions:

  (a)   a decision to issue, or refuse to issue, a certificate under paragraph   368(3)(a) or 527R(3)(a);

  (c)   a decision to issue an entry permit under section   512;

  (d)   a decision to impose conditions on an entry permit under section   515;

  (e)   a decision to issue, or refuse to issue, an exemption certificate under section   519;

  (f)   a decision to issue, or refuse to issue, an affected member certificate under section   520;

  (g)   a decision or reasons in relation to which an order is in operation under paragraph   594(1)(d).

  (6)   Subsections   (1) and (4) do not limit the FWC's power to put decisions in writing or publish decisions.


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