Applications to vary, revoke or make modern award
158 Applications to vary, revoke or make modern award
The following table sets out who may apply for the making of a determination varying or revoking a modern award, or for the making of a modern award, under section 157:
Who may make an application? | ||
|---|---|---|
Item | Column 1 This kind of application … | Column 2 may be made by … |
1 | an application to vary, omit or include terms (other than outworker terms or coverage terms) in a modern award | (a) an employer, employee or organisation that is covered by the modern award; or (b) an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award. |
2 | an application to vary, omit or include outworker terms in a modern award | (a) an employer, employee or outworker entity that is or would be covered by the outworker terms; or (b) an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the outworker terms relate or would relate. |
3 | an application to vary or include coverage terms in a modern award to increase the range of employers, employees or organisations that are covered by the award | (a) an employer, employee or organisation that would become covered by the modern award; or (b) an organisation that is entitled to represent the industrial interests of one or more employers or employees that would become covered by the modern award. |
4 | an application to vary or include coverage terms in a modern award to increase the range of outworker entities that are covered by outworker terms | (a) an outworker entity that would become covered by the outworker terms; or (b) an organisation that is entitled to represent the industrial interests of one or more outworkers who would become outworkers to whom the outworker terms relate. |
5 | an application to vary or omit coverage terms in a modern award to reduce the range of employers, employees or organisations that are covered by the award | (a) an employer, employee or organisation that would stop being covered by the modern award; or (b) an organisation that is entitled to represent the industrial interests of one or more employers or employees that would stop being covered by the modern award. |
6 | an application to vary or omit coverage terms in a modern award to reduce the range of outworker entities that are covered by outworker terms | (a) an outworker entity that would stop being covered by the outworker terms; or (b) an organisation that is entitled to represent the industrial interests of one or more outworkers who would stop being outworkers to whom the outworker terms relate. |
7 | an application for the making of a modern award | (a) an employee or employer that would be covered by the modern award; or (b) an organisation that is entitled to represent the industrial interests of one or more employers or employees that would be covered by the modern award. |
8 | an application to revoke a modern award | (a) an employer, employee or organisation that is covered by the modern award; or (b) an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award. |
The FWC may dismiss an application to vary, revoke or make a modern award in certain circumstances (see section 587).
Subject to the requirements of the table about who can make what kind of application, an applicant may make applications for 2 or more related things at the same time.
For example, an applicant may apply for the making of a modern award and for the related revocation of an existing modern award.
This Act’s bill:Explanatory memorandumSecond reading speech
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