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FAIR WORK ACT 2009 - SECT 768BS

Orders remedying reductions in take - home pay

  (1)   If the FWC is satisfied that a transferring employee to whom a modern award applies has suffered a reduction in take - home pay, the FWC may make any order (a take - home pay order ) requiring, or relating to, the payment of an amount or amounts to the employee that the FWC considers appropriate to remedy the situation.

  (2)   The FWC may make a take - home pay order:

  (a)   on its own initiative; or

  (b)   on application by either of the following:

  (i)   a transferring employee who has suffered a reduction in take - home pay;

  (ii)   an organisation that is entitled to represent the industrial interests of the employee.

  (3)   The FWC must not make a take - home pay order if:

  (a)   the FWC considers that the reduction in take - home pay is minor or insignificant; or

  (b)   the FWC is satisfied that the employee has been adequately compensated in other ways for the reduction.

  (4)   The FWC must ensure that a take - home pay order is expressed so that:

  (a)   it does not apply to a transferring employee unless the employee has actually suffered a reduction in take - home pay; and

  (b)   if the take - home pay payable to the employee under the modern award increases after the order is made, there is a corresponding reduction in any amount payable to the employee under the order.

  (5)   If the FWC is satisfied that an application for a take - home pay order has already been made in relation to a transferring employee, the FWC may dismiss any later application that is made under these provisions in relation to the same employee.


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