Document ID: chunk:federal_register_of_legislation:C2012C00794:clause:6a_168g
Version: federal_register_of_legislation:C2012C00794
Segment Type: clause
Provision Reference: sch 6A cl 168G
Character Range: 77068–78635

168G  Making State reference public sector modern awards on application

 (1) FWA may make a State reference public sector modern award (the proposed award) only on application under section 158 by:
 (a) a State reference public sector employer; or
 (b) an organisation that is entitled to represent the industrial interests of a State reference public sector employer or of a State reference public sector employee.

 (2) The application must specify the employers, employees and organisations (the proposed parties) proposed to be covered by the proposed award.

 (3) FWA must consider the application, and must make a State reference public sector modern award covering the proposed parties if FWA is satisfied that:
 (a) the employers and organisations that are proposed parties have agreed to the making of the application; and
 (b) either:
 (i) none of the employers and employees that are proposed parties are already covered by a State reference public sector modern award; or
 (ii) if there are employers and employees that are proposed parties and that are already covered by a State reference public sector modern award (the current award)—it is appropriate (in accordance with section 168L) to vary the coverage of the current award so that the employers or employees cease to be covered by the current award.

 (4) FWA must not make a State reference public sector modern award otherwise than in accordance with this Division or in accordance with Part 2 of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.