Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 789GXE

    If:

  (a)   an agreement made by an employer and an employee of the employer under subsection   789GJD(2) is in force at a particular time; and

  (b)   the Federal Court is satisfied that the employer did not satisfy the 10% decline in turnover test for the designated quarter applicable to that time;

the Federal Court may, on application made by:

  (c)   the employee; or

  (d)   an employee organisation; or

  (e)   an inspector;

make either or both of the following orders:

  (f)   an order terminating the agreement;

  (g)   any other order that the court considers appropriate.