Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 601

Writing and publication requirements for FWA's decisions

             (1)  The following decisions of FWA must be in writing:

                     (a)  a decision of FWA made under a Part of this Act other than this Part;

                     (b)  an interim decision that relates to a decision to be made under a Part of this Act other than this Part;

                     (c)  a decision in relation to an appeal or review.

Note:          For appeals and reviews, see sections 604 and 605.

             (2)  FWA may give written reasons for any decision that it makes.

             (3)  A decision, and reasons, that are in writing must be expressed in plain English and be easy to understand in structure and content.

             (4)  FWA must publish the following, on its website or by any other means that FWA considers appropriate:

                     (a)  a decision that is required to be in writing and any written reasons that FWA gives in relation to such a decision;

                     (b)  an enterprise agreement that has been approved by FWA under Part 2‑4.

FWA must do so as soon as practicable after making the decision or approving the agreement.

             (5)  Subsection (4) does not apply to any of the following decisions or reasons in relation to such decisions:

                     (a)  a decision to issue, or refuse to issue, a certificate under section 369;

                     (c)  a decision to issue an entry permit under section 512;

                     (d)  a decision to impose conditions on an entry permit under section 515;

                     (e)  a decision to issue, or refuse to issue, an exemption certificate under section 519;

                      (f)  a decision to issue, or refuse to issue, an affected member certificate under section 520;

                     (g)  a decision or reasons in relation to which an order is in operation under paragraph 594(1)(d).

             (6)  Subsections (1) and (4) do not limit FWA's power to put decisions in writing or publish decisions.



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