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FAIR WORK ACT 2009 - SECT 159

Variation of modern award to update or omit name of employer, organisation or outworker entity

  (1)   The FWC may make a determination varying a modern award:

  (a)   to reflect a change in the name of an employer, organisation or outworker entity; or

  (b)   to omit the name of an organisation, employer or outworker entity from the modern award, if:

  (i)   the registration of the organisation has been cancelled under the Workplace Relations Act 1996 ; or

  (ii)   the employer, organisation or outworker entity has ceased to exist; or

  (c)   if the modern award is a named employer award and the named employer is the old employer in a transfer of business--to reflect the transfer of business to the new employer.

  (2)   The FWC may make a determination under this section:

  (a)   in any case--on its own initiative; or

  (b)   if paragraph   (1)(a) or (b) applies--on application by the employer, organisation or outworker entity referred to in that paragraph; or

  (c)   if paragraph   (1)(c) applies--on application by:

  (i)   the old employer or the new employer; or

  (ii)   a transferring employee who was covered by the modern award as an employee of the old employer; or

  (iii)   an organisation that is entitled to represent the industrial interests of the old employer, the new employer, or one or more employees referred to in subparagraph   (ii).


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