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FAIR WORK ACT 2009 - SECT 617

FWC's functions etc. that must be performed by an Expert Panel

Expert Panel for annual wage reviews

  (1)   An annual wage review must be conducted under Part   2 - 6 by an Expert Panel constituted for the purposes of the review.

Note:   For the constitution of an Expert Panel for the purposes of an annual wage review, see subsection   620(1).

  (2)   A national minimum wage order, or a determination, made in an annual wage review must be made by an Expert Panel constituted for the purposes of the review.

  (3)   A determination that varies a national minimum wage order must be made under Part   2 - 6 by an Expert Panel constituted for the purposes of the review.

Expert Panel for 4 yearly review of default fund terms

  (4)   In a 4 yearly review of default fund terms of modern awards, the following must be made by an Expert Panel constituted for the purposes of the review:

  (a)   the Default Superannuation List;

  (b)   a determination under section   156E on an application to have a standard MySuper product included on the Default Superannuation List;

  (c)   the Schedule of Approved Employer MySuper Products;

  (d)   a determination under section   156P on an application made in the standard application period to have an employer MySuper product included on the Schedule of Approved Employer MySuper Products.

Note:   For the constitution of an Expert Panel for those purposes, see subsection   620(1A).

Expert Panel for amending the Schedule of Approved Employer MySuper Products

  (5)   If an application is made in the interim application period to have an employer MySuper product included on the Schedule of Approved Employer MySuper Products, the following must be made by an Expert Panel constituted for the purposes of determining the application:

  (a)   a determination under section   156P on the application;

  (b)   if the determination is to include the product on the schedule--an amendment of the schedule to specify the product.

Note:   For the constitution of an Expert Panel for those purposes, see subsection   620(1A).

Expert Panel for pay equity

  (6)   If the President considers that substantive gender pay equity matters might require the making of a determination under subsection   157(2) (other than a determination that the President considers might relate to the Care and Community Sector), the determination must be made by an Expert Panel constituted for the purpose of deciding whether to make the determination.

Note:   For the constitution of an Expert Panel for that purpose, see subsection   620(1B).

  (7)   An equal remuneration order made under section   302 (other than an equal remuneration order that the President considers might relate to the Care and Community Sector) must be made by an Expert Panel constituted for the purpose of deciding whether to make the equal remuneration order.

Note:   For the constitution of an Expert Panel for that purpose, see subsection   620(1B).

Expert Panel for the Care and Community Sector

  (8)   A determination or modern award made under subsection   157(1) that the President considers might relate to the Care and Community Sector must be made by an Expert Panel constituted for the purpose of deciding whether to make the determination or modern award.

Note:   For the constitution of an Expert Panel for that purpose, see subsection   620(1C).

Expert Panel for pay equity in the Care and Community Sector

  (9)   A determination made under subsection   157(2) that the President considers might relate to the Care and Community Sector must be made by an Expert Panel constituted for the purpose of deciding whether to make the determination.

Note:   For the constitution of an Expert Panel for that purpose, see subsection   620(1D).

  (10)   An equal remuneration order made under section   302 that the President considers might relate to the Care and Community Sector must be made by an Expert Panel constituted for the purpose of deciding whether to make the equal remuneration order.

Note:   For the constitution of an Expert Panel for that purpose, see subsection   620(1D).

President's considerations

  (10A)   For the purposes of subsections   (6), (7), (8), (9) and (10), if the President considers that an equal remuneration order, determination or modern award might relate to the Care and Community Sector, it does not matter if the President considers that the equal remuneration order, determination or modern award might also relate to another sector.

Other variations of modern awards

  (11)   The President may direct an Expert Panel constituted for the purpose of performing a function or exercising a power under section   159, 160 or 161 (about variations of modern awards) to perform the function or exercise the power.

Note:   For the constitution of an Expert Panel for that purpose, see subsection   620(1B), (1C) or (1D).


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