Document ID: chunk:federal_register_of_legislation:C2025C00150:section:616:p1
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 616 (pt 1/2)
Character Range: 1697664–1700256

616  FWC's functions etc. that must be performed by a Full Bench

Modern awards
 (1) Subject to subsections 617(8) and (10B), a modern award must be made under Part 2‑3 by a Full Bench.
Note: Subsection 617(8) relates to modern awards that must be made by an Expert Panel.
 (2A) A 4 yearly review of default fund terms of modern awards must be conducted under Division 4A of Part 2‑3 by a Full Bench.
 (3A) A determination that varies a default fund term of a modern award made in a 4 yearly review conducted under Division 4A of Part 2‑3 must be made by a Full Bench.
Note: A determination that varies a default fund term of a modern award may be made by a single FWC Member under Division 5 of Part 2‑3.
 (3B) Subject to subsections 617(8) and (10B), a determination that revokes a modern award under Division 5 of Part 2‑3 must be made by a Full Bench.
Note: Subsection 617(8) relates to determinations that must be made by an Expert Panel.
 (3C) Subject to subsection (3D) of this section and subsections 617(6), (8), (9), (10B) and (11), a determination that varies a modern award under Division 5 of Part 2‑3 (other than a determination varying the default fund term of a modern award under section 159A) must be made by a Full Bench.
Note: Subsections 617(6), (8), (9), (10B) and (11) relate to determinations that must be made by an Expert Panel.
 (3D) Subject to subsections 617(6), (8), (9), (10B) and (11), the President may direct a single FWC Member to perform a function or exercise a power:
 (a) under section 159, 160 or 161 (varying a modern award); or
 (b) in relation to any other variation under section 157 that the President considers appropriate of:
 (i) a modern award; or
 (ii) if 2 or more modern awards relate to the same industry or occupation—those awards.
Note 1: The President may give directions as to the manner in which the FWC is to perform its functions or exercise its powers (see section 582).
Note 2: Subsections 617(6), (8), (9), (10B) and (11) relate to determinations and modern awards that must be made by an Expert Panel.

Workplace determinations
 (4) A workplace determination must be made under Part 2‑5 by a Full Bench.

Model term determinations
 (4A) A determination of any of the following model terms must be made by a Full Bench:
 (a) a model flexibility term for enterprise agreements, under subsection 202(5);
 (b) a model consultation term for enterprise agreements, under subsection 205(3);
 (c) a model term for enterprise agreements about dealing with disputes, under subsection 737(1);
 (d) a model term for copied State instruments