Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 605

Minister's entitlement to apply for review of a decision

             (1)  The Minister may apply to the FWC for a review to be conducted by the FWC of a decision made by the FWC (other than a decision of a Full Bench or an Expert Panel) if the Minister believes that the decision is contrary to the public interest.

             (2)  Without limiting when the FWC may conduct a review, the FWC must conduct a review of the decision if the FWC is satisfied that it is in the public interest to conduct the review.

Note:          The FWC must be constituted by a Full Bench to decide whether to conduct a review, and to conduct the review (see section 614).

             (3)  In conducting a review:

                     (a)  the FWC must take such steps as it considers appropriate to ensure that each person with an interest in the review is made aware of the review; and

                     (b)  the Minister is entitled to make submissions for consideration in the review.

             (4)  Nothing in this section affects any right of appeal or any power of the FWC under section 604 or 607. A review of a decision and an appeal of the decision may be dealt with together if the FWC considers it appropriate.



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