Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 161

Variation of modern award on referral by HREOC

             (1)  FWA must review a modern award if the award is referred to it under section 46PW of the Human Rights and Equal Opportunity Commission Act 1986 (which deals with discriminatory industrial instruments).

             (2)  The Sex Discrimination Commissioner is entitled to make submissions to FWA for consideration in the review.

             (3)  If FWA considers that the modern award reviewed requires a person to do an act that would be unlawful under Part II of the Sex Discrimination Act 1984 (but for the fact that the act would be done in direct compliance with the modern award), FWA must make a determination varying the modern award so that it no longer requires the person to do an act that would be so unlawful.

Note:          Special criteria apply to changing coverage of modern awards (see section 163).


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