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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 132 Guide to this Part

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 132

Guide to this Part

This Part provides for FWA to make, vary and revoke modern awards. Modern awards may set minimum terms and conditions for national system employees in particular industries or occupations. Modern awards can have terms that are ancillary or supplementary to the National Employment Standards (see Part 2‑1).

Division 2 provides for the modern awards objective. This requires FWA to ensure that modern awards, together with the National Employment Standards, provide a fair and relevant minimum safety net of terms and conditions, taking into account certain social and economic factors. Division 2 also contains special provisions about modern award minimum wages.

Division 3 deals with the terms of modern awards.

Division 4 provides for FWA to conduct 4 yearly reviews of modern awards.

Division 5 provides for FWA to exercise modern award powers outside the system of 4 yearly reviews in certain circumstances.

Division 6 contains some general provisions relating to modern award powers.

The obligation to comply with a modern award is in section 45 (in Part 2‑1).

In relation to minimum wages in modern awards, FWA has powers both under this Part and under Part 2‑6 (which deals with minimum wages). The following is a summary of FWA's powers under the 2 Parts:

(a)   the initial making of a modern award setting modern award minimum wages can only occur under this Part;

(b)   the main power to vary modern award minimum wages is in annual wage reviews under Part 2‑6;

(c)   modern award minimum wages can also be varied under this Part, but only for work value reasons or in other limited circumstances;

(d)   modern award minimum wages can be set (otherwise than in the initial making of a modern award) or revoked either under this Part or in annual wage reviews under Part 2‑6.