FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 598 Decisions of FWA
FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 598
Decisions of FWA(1) A reference in this Part to a decision of FWA includes any decision of FWA however described. However, to avoid doubt, a reference to a decision of FWA does not include an outcome of a process carried out in accordance with subsection 595(2) (which deals with FWA's power to deal with disputes).
Note: Examples of decisions that FWA makes include making modern awards, approving or refusing to approve enterprise agreements, decisions as to how, when and where a matter is to be dealt with, deciding whether to grant permission to hear an appeal, and decisions in relation to appeals.
(2) If FWA makes a decision that makes or varies an instrument, a reference in this Part to a decision of FWA includes FWA's decision to make or vary the instrument in the particular terms decided.
(3) A decision of FWA that is described as an order must be made by order.
Note: An example of a decision that is described as an order is a bargaining order.
(4) A decision of FWA that is not described as an order may be made by order.