Document ID: chunk:federal_register_of_legislation:F2024C00355:reg:14:p1
Version: federal_register_of_legislation:F2024C00355
Segment Type: reg
Provision Reference: reg 14 (pt 1/2)
Character Range: 55601–58260

14  Variation of modern award
 (1) FWA may make an order varying a modern award if FWA considers that the variation is necessary to give effect to the award modernisation request as it was in effect immediately before 1 January 2010.
 (2) However, FWA may make the order only:
 (a) if:
 (i) the Australian Industrial Relations Commission had received an application before 1 January 2010 to vary a modern award to give effect to the award modernisation request; and
 (ii) the Commission did not make a decision on the application before 1 January 2010; or
 (b) on its own initiative.
 (3) For subitem (2):
 (a) FWA must have regard to the terms of the award modernisation request and the matters to which the Commission was required to have regard, immediately before 1 January 2010, in conducting the award modernisation process; and
 (b) FWA must have regard to submissions made to the Commission during the award modernisation process, if FWA considers that it is appropriate to do so.
Note: For the purpose of making the variation, FWA may inform itself in such manner as it considers appropriate. FWA will be able to seek, and have regard to, new submissions.
 (4) Subitems (1) to (3) cease to have effect at the end of 31 March 2010.

3B.01A  Modification of FW Act—inclusion of variation of modern award in award modernisation process
  For subitem 7(1) of Schedule 2 to the Act, section 12 of the FW Act is modified by inserting in the definition of award modernisation process, after paragraph (a), the following paragraph and note:
 '(aa) the process of varying modern awards under item 14 of Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; and
Note: Item 14 was inserted into the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 by regulation 3B.01 of the regulations made under that Act.'

3B.03  Modification of subitems 8(3) and (4) of Schedule 5 to the Act
  For subitem 8(1) of Schedule 2 to the Act, Schedule 5 to the Act is modified by substituting the heading for Part 3 as follows:
'Part 3—Avoiding reductions in take‑home pay from Part 10A award modernisation process'.

3B.04  Modern award or transitional arrangements resulting in reduction in take‑home pay
 (1) For subitem 8(1) of Schedule 2 to the Act, item 2 of Schedule 2 to the Act is modified by:
 (a) replacing 'subitem 8(2)' in the definition of take‑home pay with 'subitems 8(2) and 13A(2)'; and
 (b) inserting in the definition of take‑home pay order, after 'subitems 9(1) and (2)', the words 'and 13B(1)'.
 (2) For subitem 8(1) of Schedule 2 to the Act, Schedule 5 to the Act is modified by inserting the