FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 218 Variation of an enterprise agreement on referral by HREOC

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 218

Review of an enterprise agreement

             (1)  FWA must review an enterprise agreement if the agreement is referred to it under section 46PW of the Human Rights and Equal Opportunity Commission Act 1986 (which deals with discriminatory industrial instruments).

             (2)  The Sex Discrimination Commissioner is entitled to make submissions to FWA for consideration in the review.

Variation of an enterprise agreement

             (3)  If FWA considers that the agreement reviewed requires a person to do an act that would be unlawful under Part II of the Sex Discrimination Act 1984 (but for the fact that the act would be done in direct compliance with the agreement), FWA must vary the agreement so that it no longer requires the person to do an act that would be so unlawful.

             (4)  If the agreement is varied under subsection (3), the variation operates from the day specified in the decision to vary the agreement.