Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 616

FWC's functions etc. that must be performed by a Full Bench

Modern awards

             (1)  A modern award must be made under Part 2-3 by a Full Bench.

             (2)  A 4 yearly review of modern awards must be conducted under Division 4 of Part 2-3 by a Full Bench.

          (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.

             (3)  A determination that varies or revokes a modern award made in a 4 yearly review of modern awards conducted under Division 4 of Part 2-3 must be made by a Full Bench.

Note:          A determination that varies or revokes a modern award may be made by a single FWC Member under Division 5 of Part 2-3.

          (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.

Workplace determinations

             (4)  A workplace determination must be made under Part 2-5 by a Full Bench.

Full Benches

             (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.



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