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Fair Work Act 2009
164Special criteria for revoking modern awards
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164 Special criteria for revoking modern awards
The FWC must not make a determination revoking a modern award unless the FWC is satisfied that:
(a) the award is obsolete or no longer capable of operating; or
(b) all the employees covered by the award are covered by a different modern award (other than the miscellaneous modern award) that is appropriate for them, or will be so covered when the revocation comes into operation.
165 When variation determinations come into operation, other than determinations setting, varying or revoking modern award minimum wages
Determinations come into operation on specified day
(1) A determination under this Part that varies a modern award (other than a determination that sets, varies or revokes modern award minimum wages) comes into operation on the day specified in the determination.
Note 1: For when a modern award, or a revocation of a modern award, comes into operation, see section 49.
Note: For when a determination under this Part setting, varying or revoking modern award minimum wages comes into operation, see section 166.
(2) The specified day must not be earlier than the day on which the determination is made, unless:
(a) the determination is made under section 160 (which deals with variation to remove ambiguities or correct errors); and
(b) the FWC is satisfied that there are exceptional circumstances that justify specifying an earlier day.
Determinations take effect from first full pay period
(3) The determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after the day the determination comes into operation.