Document ID: chunk:federal_register_of_legislation:F2024L01635:reg:8
Version: federal_register_of_legislation:F2024L01635
Segment Type: reg
Provision Reference: reg 8
Character Range: 9361–10651

8  Staying up to date with obligations
  For the purposes of paragraph 6(3)(b), matters to be considered in assessing whether the employer has made reasonable efforts to stay up to date with the employer's obligations relating to the payment of applicable amounts to, on behalf of, or for the benefit of, the employee may include, but are not limited to, the following:
 (a) the employer's efforts to stay up to date with any changes to applicable legislation and the interpretation of that legislation;
 (b) the employer's efforts to stay up to date with any changes to any modern award or other relevant instrument that applies to the employee, including variations made or approved by the Fair Work Commission;
 (c) the employer's efforts to stay up to date with any changes to the employee's circumstances, such as changes to the employee's role, duties, classification, relevant qualifications, age, hours of work or location of work.
Note: For the purposes of paragraph (b) of this section, other instruments that may be relevant to the employer's obligations include other fair work instruments (such as an enterprise agreement) or a transitional instrument (as continued in existence by Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009).