Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsections 617(8) and (10B), a modern award must be made under Part 2 - 3 by a Full Bench.
Note: Subsection 617(8) relates to modern awards that must be made by an Expert Panel.
(2A) A 4 yearly review of default fund terms of modern awards must be conducted under Division 4A of Part 2 - 3 by a Full Bench.
(3A) A determination that varies a default fund term of a modern award made in a 4 yearly review conducted under Division 4A of Part 2 - 3 must be made by a Full Bench.
Note: A determination that varies a default fund term of a modern award may be made by a single FWC Member under Division 5 of Part 2 - 3.
(3B) Subject to subsections 617(8) and (10B), a determination that revokes a modern award under Division 5 of Part 2 - 3 must be made by a Full Bench.
Note: Subsection 617(8) relates to determinations that must be made by an Expert Panel.
(3C) Subject to subsection (3D) of this section and subsections 617(6), (8), (9), (10B) and (11), a determination that varies a modern award under Division 5 of Part 2 - 3 (other than a determination varying the default fund term of a modern award under section 159A) must be made by a Full Bench.
Note: Subsections 617(6), (8), (9), (10B) and (11) relate to determinations that must be made by an Expert Panel.
(3D) Subject to subsections 617(6), (8), (9), (10B) and (11), the President may direct a single FWC Member to perform a function or exercise a power:
(a) under section 159, 160 or 161 (varying a modern award); or
(b) in relation to any other variation under section 157 that the President considers appropriate of:
(i) a modern award; or
(ii) if 2 or more modern awards relate to the same industry or occupation--those awards.
Note 1: The President may give directions as to the manner in which the FWC is to perform its functions or exercise its powers (see section 582).
Note 2: Subsections 617(6), (8), (9), (10B) and (11) relate to determinations and modern awards that must be made by an Expert Panel.
(4) A workplace determination must be made under Part 2 - 5 by a Full Bench.
(4B) Subject to subsections 582(4A) and 617(10D), the following must be made under Chapter 3A by a Full Bench:
(a) an employee - like worker minimum standards order;
(b) a determination under subsection 536KQ(1) varying or revoking an employee - like worker minimum standards order;
(c) employee - like worker minimum standards guidelines;
(d) a determination under subsection 536KZ(1) varying or revoking employee - like worker minimum standards guidelines.
Note 1: A determination under subsection 536KQ(3) or 536KZ(3) (which deal with minor technical variations) does not need to be made by a Full Bench.
Note 2: Subsection 617(10D) provides for the President to direct that certain matters relating to the road transport industry be dealt with by an Expert Panel for the road transport industry.
(5) To avoid doubt, a reference in this section to a Full Bench includes a reference to more than one Full Bench.
Note: For the constitution of a Full Bench, see section 618.