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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 653

Reports about making enterprise agreements, individual flexibility arrangements etc.

Review and research

             (1)  The General Manager must:

                     (a)  review the developments, in Australia, in making enterprise agreements; and

                     (b)  conduct research into the extent to which individual flexibility arrangements under modern awards and enterprise agreements are being agreed to, and the content of those arrangements; and

                     (c)  conduct research into the operation of the provisions of the National Employment Standards relating to:

                              (i)  requests for flexible working arrangements under subsection 65(1); and

                             (ii)  requests for extensions of unpaid parental leave under subsection 76(1); and

                     (d)  conduct research into:

                              (i)  the circumstances in which employees make such requests; and

                             (ii)  the outcome of such requests; and

                            (iii)  the circumstances in which such requests are refused.

          (1A)  The review and research must be conducted in relation to each of the following periods:

                     (a)  the 3 year period that starts when this section commences;

                     (b)  each later 3 year period.

             (2)  Without limiting subsection (1), the General Manager must, in conducting the review and research, consider the effect that the matters referred to in paragraphs (1)(a) to (d) have had, during the period, on the employment (including wages and conditions of employment) of the following persons:

                     (a)  women;

                     (b)  part‑time employees;

                     (c)  persons from a non‑English speaking background;

                     (d)  mature age persons;

                     (e)  young persons;

                      (f)  any other persons prescribed by the regulations.


             (3)  The General Manager must give the Minister a written report of the review and research as soon as practicable, and in any event within 6 months, after the end of the period to which it relates.

             (4)  The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

             (5)  Subsections 34C(4) to (7) of the Acts Interpretation Act 1901 apply to the report as if it were a periodic report as defined in subsection 34C(1) of that Act.

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