Document ID: chunk:federal_register_of_legislation:C2024A00002:clause:1_62
Version: federal_register_of_legislation:C2024A00002
Segment Type: clause
Provision Reference: sch 1 cl 62
Character Range: 53472–54967

62  Subsection 205(3)
Repeal the subsection, substitute:
 (3) The FWC must determine the model consultation term for enterprise agreements.
 (4) In determining the model consultation term, the FWC must:
 (a) ensure that the model term is consistent with the requirements set out in subsections (1) and (1A); and
 (b) take into account the following matters:
 (i) whether the model term is broadly consistent with comparable terms in modern awards;
 (ii) best practice workplace relations as determined by the FWC;
 (iii) whether all persons and bodies have had a reasonable opportunity to be heard and make submissions to the FWC for consideration in determining the model term;
 (iv) whether the model term would, or would be likely to have, the effect referred to in paragraph 195A(1)(a), (b), (c) or (d) (objectionable emergency management terms);
 (v) the object of this Act (see section 3), and the objects of this Part (see section 171);
 (vi) any other matters the FWC considers relevant.
Note 1: The FWC must be constituted by a Full Bench to make the model consultation term (see subsection 616(4A)).
Note 2: For the variation of a determination, see subsection 33(3) of the Acts Interpretation Act 1901.
 (5) To avoid doubt, subsections (1) and (1A) do not limit the matters the model consultation term may deal with.
 (6) A determination under subsection (3) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.