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Fair Work Act 2009
159Variation of modern award to update or omit name of employer, organisation or outworker entity
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159 Variation of modern award to update or omit name of employer, organisation or outworker entity
(1) The FWC may make a determination varying a modern award:
(a) to reflect a change in the name of an employer, organisation or outworker entity; or
(b) to omit the name of an organisation, employer or outworker entity from the modern award, if:
(i) the registration of the organisation has been cancelled under the Workplace Relations Act 1996; or
(ii) the employer, organisation or outworker entity has ceased to exist; or
(c) if the modern award is a named employer award and the named employer is the old employer in a transfer of business—to reflect the transfer of business to the new employer.
(2) The FWC may make a determination under this section:
(a) in any case—on its own initiative; or
(b) if paragraph (1)(a) or (b) applies—on application by the employer, organisation or outworker entity referred to in that paragraph; or
(c) if paragraph (1)(c) applies—on application by:
(i) the old employer or the new employer; or
(ii) a transferring employee who was covered by the modern award as an employee of the old employer; or
(iii) an organisation that is entitled to represent the industrial interests of the old employer, the new employer, or one or more employees referred to in subparagraph (ii).