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.

          (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)  A determination that revokes a modern award under Division 5 of Part 2-3 must be made by a Full Bench.

          (3C)  Subject to subsection (3D), 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.

          (3D)  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:          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).

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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