Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:5_5
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 5 cl 5
Character Range: 218983–220154

5  Variations to deal with minor problems attributable to award modernisation starting before enactment of FW Act
(1) If the FWC considers that there is a minor or technical problem with a modern award that is attributable to the fact that the Part 10A award modernisation process started before the enactment of the FW Act, the FWC may make a determination varying the modern award to resolve the problem.
Note: Certain modern awards may, for example, contain references to concepts or provisions that are not consistent with the FW Act as enacted. This variation power allows the FWC to fix such references.
(2) The FWC may make the determination:
 (a) on its own initiative; or
 (b) on application by an employer, employee, organisation or outworker entity covered by the modern award; or
 (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or
 (d) if the variation is of outworker terms in the modern award—on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the terms relate.