Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection 617(8), a modern award must be made under Part 2 - 3 by a Full Bench.
Note: Subsection 617(8) relates to modern awards that must be made by an Expert Panel.
(2A) A 4 yearly review of default fund terms of modern awards must be conducted under Division 4A of Part 2 - 3 by a Full Bench.
(3A) A determination that varies a default fund term of a modern award made in a 4 yearly review conducted under Division 4A of Part 2 - 3 must be made by a Full Bench.
Note: A determination that varies a default fund term of a modern award may be made by a single FWC Member under Division 5 of Part 2 - 3.
(3B) Subject to subsection 617(8), a determination that revokes a modern award under Division 5 of Part 2 - 3 must be made by a Full Bench.
Note: Subsection 617(8) relates to determinations that must be made by an Expert Panel.
(3C) Subject to subsection (3D) of this section and subsections 617(6), (8), (9) and (11), a determination that varies a modern award under Division 5 of Part 2 - 3 (other than a determination varying the default fund term of a modern award under section 159A) must be made by a Full Bench.
Note: Subsections 617(6), (8), (9) and (11) relate to determinations that must be made by an Expert Panel.
(3D) Subject to subsections 617(6), (8), (9) and (11), the President may direct a single FWC Member to perform a function or exercise a power:
(a) under section 159, 160 or 161 (varying a modern award); or
(b) in relation to any other variation under section 157 that the President considers appropriate of:
(i) a modern award; or
(ii) if 2 or more modern awards relate to the same industry or occupation--those awards.
Note 1: The President may give directions as to the manner in which the FWC is to perform its functions or exercise its powers (see section 582).
Note 2: Subsections 617(6), (8), (9) and (11) relate to determinations and modern awards that must be made by an Expert Panel.
(4) A workplace determination must be made under Part 2 - 5 by a Full Bench.
(5) To avoid doubt, a reference in this section to a Full Bench includes a reference to more than one Full Bench.
Note: For the constitution of a Full Bench, see section 618.