Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_32
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 32
Character Range: 164631–166204

32  Orders remedying reductions in take‑home pay

Employees
(1) If the FWC is satisfied that an employee, or a class of employees, to whom a modern award applies has suffered a reduction in take‑home pay to which item 31 applies, 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 or employees that the FWC considers appropriate to remedy the situation.

Outworkers
(2) If the FWC is satisfied that an outworker, or a class of outworkers, to whom outworker terms in a modern award relate has suffered a reduction in take‑home pay to which item 31 applies, the FWC may make any order (a take‑home pay order) requiring, or relating to, the payment of an amount or amounts to the outworker or outworkers that the FWC considers appropriate to remedy the situation.

General provisions
(3) The FWC may make a take‑home pay order only on application by:
 (a) an employee or outworker who has suffered a reduction in take‑home pay to which item 31 applies; or
 (b) an organisation that is entitled to represent the industrial interests of such an employee or outworker; or
 (c) a person acting on behalf of a class of such employees or outworkers.
(4) If the FWC is satisfied that an application for a take‑home pay order has already been made in relation to an employee or a class of employees, or an outworker or a class of outworkers, the FWC may dismiss any later application that is made under these provisions in relation to the same employee or employees, or the same outworker or outworkers.