156TSubmissions about the second stage test

156T  Submissions about the second stage test  (1) The FWC must ensure that the following persons have a reasonable opportunity to make written submissions to the FWC about whether an employer MySuper product satisfies the second stage test:  (a) an employee of an employer to which the product relates;  (b) an employer to which the product relates;  (c) an organisation that is entitled to represent the industrial interests of a person referred to in paragraph (a) or (b).  (a) a person or body (whether or not a person referred to in subsection (1)) makes a written submission in relation to whether an employer MySuper product satisfies the second stage test; and  (i) the superannuation fund that offers the product; or Subdivision E—Publishing documents under this Division 156U  Publishing documents under this Division   If the FWC is required by this Division to publish a document, the FWC must publish the document on its website or by any other means that the FWC considers appropriate. Division 5—Exercising modern award powers Subdivision A—Exercise of powers if necessary to achieve modern awards objective 157  FWC may vary etc. modern awards if necessary to achieve modern awards objective  (1) The FWC may:  (a) make a determination varying a modern award, otherwise than to vary modern award minimum wages or to vary a default fund term of the award; or  (b) make a modern award; or  (c) make a determination revoking a modern award; if the FWC is satisfied that making the determination or modern award is necessary to achieve the modern awards objective. Note 1: Generally, the FWC must be constituted by a Full Bench to make, vary or revoke a modern award. However, the President may direct a single FWC Member to make a variation (see section 616). Note 2: Special criteria apply to changing coverage of modern awards or revoking modern awards (see sections 163 and 164). Note 3: If the FWC is setting modern award minimum wages, the minimum wages objective also applies (see section 284). Note 4: If the FWC is making, varying or revoking a modern award that the President considers might relate to the road transport industry, it must take into account the road transport objective (see section 40D).  (2) The FWC may make a determination varying modern award minimum wages if the FWC is satisfied that:  (a) the variation of modern award minimum wages is justified by work value reasons; and  (b) making the determination outside the system of annual wage reviews is necessary to achieve the modern awards objective. Note: As the FWC is varying modern award minimum wages, the minimum wages objective also applies (see section 284).  (2A) Work value reasons are reasons justifying the amount that employees should be paid for doing a particular kind of work, being reasons related to any of the following:  (a) the nature of the work;  (b) the level of skill or responsibility involved in doing the work;  (c) the conditions under which the work is done.  (2B) The FWC’s consideration of work value reasons must:  (a) be free of assumptions based on gender; and  (b) include consideration of whether historically the work has been undervalued because of assumptions based on gender.  (3) The FWC may make a determination or modern award under this section:  (b) on application under section 158. 158  Applications to vary, revoke or make modern award  (1) The following table sets out who may apply for the making of a determination varying or revoking a modern award, or for the making of a modern award, under section 157:   - Who may make an application? - Item Column 1This kind of application … Column 2may be made by … - 1 an application to vary, omit or include terms (other than outworker terms or coverage terms) in a modern award (a) an employer, employee or organisation that is covered by the modern award; or(b) an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award. - 2 an application to vary, omit or include outworker terms in a modern award (a) an employer, employee or outworker entity that is or would be covered by the outworker terms; or(b) an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the outworker terms relate or would relate. - 3 an application to vary or include coverage terms in a modern award to increase the range of employers, employees or organisations that are covered by the award (a) an employer, employee or organisation that would become covered by the modern award; or(b) an organisation that is entitled to represent the industrial interests of one or more employers or employees that would become covered by the modern award. - 4 an application to vary or include coverage terms in a modern award to increase the range of outworker entities that are covered by outworker terms (a) an outworker entity that would become covered by the outworker terms; or(b) an organisation that is entitled to represent the industrial interests of one or more outworkers who would become outworkers to whom the outworker terms relate. - 5 an application to vary or omit coverage terms in a modern award to reduce the range of employers, employees or organisations that are covered by the award (a) an employer, employee or organisation that would stop being covered by the modern award; or(b) an organisation that is entitled to represent the industrial interests of one or more employers or employees that would stop being covered by the modern award. - 6 an application to vary or omit coverage terms in a modern award to reduce the range of outworker entities that are covered by outworker terms (a) an outworker entity that would stop being covered by the outworker terms; or(b) an organisation that is entitled to represent the industrial interests of one or more outworkers who would stop being outworkers to whom the outworker terms relate. - 7 an application for the making of a modern award (a) an employee or employer that would be covered by the modern award; or(b) an organisation that is entitled to represent the industrial interests of one or more employers or employees that would be covered by the modern award. - 8 an application to revoke a modern award (a) an employer, employee or organisation that is covered by the modern award; or(b) an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award. Note: The FWC may dismiss an application to vary, revoke or make a modern award in certain circumstances (see section 587).  (2) Subject to the requirements of the table about who can make what kind of application, an applicant may make applications for 2 or more related things at the same time. Note: For example, an applicant may apply for the making of a modern award and for the related revocation of an existing modern award. Subdivision B—Other situations