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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 159

Variation of modern award to update or omit name of employer, organisation or outworker entity

             (1)  FWA may make a determination varying a modern award:

                     (a)  to reflect a change in the name of an employer, organisation or outworker entity; or

                     (b)  to omit the name of an organisation, employer or outworker entity from the modern award, if:

                              (i)  the registration of the organisation has been cancelled under the Workplace Relations Act 1996 ; or

                             (ii)  the employer, organisation or outworker entity has ceased to exist; or

                     (c)  if the modern award is a named employer award and the named employer is the old employer in a transfer of business--to reflect the transfer of business to the new employer.

             (2)  FWA may make a determination under this section:

                     (a)  in any case--on its own initiative; or

                     (b)  if paragraph (1)(a) or (b) applies--on application by the employer, organisation or outworker entity referred to in that paragraph; or

                     (c)  if paragraph (1)(c) applies--on application by:

                              (i)  the old employer or the new employer; or

                             (ii)  a transferring employee who was covered by the modern award as an employee of the old employer; or

                            (iii)  an organisation that is entitled to represent the industrial interests of the old employer, the new employer, or one or more employees referred to in subparagraph (ii).

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