Fair Work Act 2009

The FWC must not make a determination varying a modern enterprise award so as to extend the coverage of the modern enterprise award so that it ceases to be a modern enterprise award.

In deciding whether to make a determination varying the coverage of a modern enterprise award in some other way, the FWC must take into account the following:

the circumstances that led to the making of the modern enterprise award;

whether there is a modern award (other than the miscellaneous modern award or a modern enterprise award) that would, but for the modern enterprise award, cover the persons covered, or proposed to be covered, by the modern enterprise award;

the content of the modern award referred to in paragraph (b);

the terms and conditions of employment applying in the industry in which the persons covered, or proposed to be covered, by the modern award operate, and the extent to which those terms and conditions are reflected in the modern enterprise award;

the extent to which the modern enterprise award provides enterprise‑specific terms and conditions of employment;

the likely impact on the persons covered, or proposed to be covered, by the modern enterprise award, and the persons covered by the modern award referred to in paragraph (b), of a decision to make, or not make, the variation, including any impact on the ongoing viability or competitiveness of any enterprise carried on by those persons;

the views of the persons covered, or proposed to be covered, by the modern enterprise award;

any other matter prescribed by the regulations.