Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 605

Minister's entitlement to apply for review of a decision

             (1)  The Minister may apply to FWA for a review to be conducted by FWA of a decision made by FWA (other than a decision of a Full Bench or the Minimum Wage Panel) if the Minister believes that the decision is contrary to the public interest.

             (2)  Without limiting when FWA may conduct a review, FWA must conduct a review of the decision if FWA is satisfied that it is in the public interest to conduct the review.

Note:          FWA must be constituted by a Full Bench to decide whether to conduct a review, and to conduct the review (see section 614).

             (3)  In conducting a review:

                     (a)  FWA must take such steps as it considers appropriate to ensure that each person with an interest in the review is made aware of the review; and

                     (b)  the Minister is entitled to make submissions for consideration in the review.

             (4)  Nothing in this section affects any right of appeal or any power of FWA under section 604 or 607. A review of a decision and an appeal of the decision may be dealt with together if FWA considers it appropriate.

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