218Variation of an enterprise agreement on referral by Australian Human Rights Commission

218  Variation of an enterprise agreement on referral by Australian Human Rights Commission Review of an enterprise agreement  (1) The FWC must review an enterprise agreement if the agreement is referred to it under section 46PW of the Australian Human Rights Commission Act 1986 (which deals with discriminatory industrial instruments).  (2) The following are entitled to make submissions to the FWC for consideration in the review:  (a) if the referral relates to action that would be unlawful under Part 4 of the Age Discrimination Act 2004—the Age Discrimination Commissioner;  (b) if the referral relates to action that would be unlawful under Part 2 of the Disability Discrimination Act 1992—the Disability Discrimination Commissioner;  (c) if the referral relates to action that would be unlawful under Part II of the Sex Discrimination Act 1984—the Sex Discrimination Commissioner. Variation of an enterprise agreement  (3) If the FWC considers that the agreement reviewed requires a person to do an act that would be unlawful under any of the Acts referred to in subsection (2) (but for the fact that the act would be done in direct compliance with the agreement), the FWC 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. Subdivision BA—Variation of enterprise agreements to correct or amend errors, defects or irregularities 218A  Variation of enterprise agreements to correct or amend errors, defects or irregularities  (1) The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form).  (2) The FWC may vary an enterprise agreement under subsection (1):  (b) on application by any of the following:  (i) one or more of the employers covered by the agreement;  (ii) an employee covered by the agreement;  (iii) an employee organisation covered by the agreement.  (3) If the FWC varies an enterprise agreement under subsection (1), the variation operates from the day specified in the decision to vary the agreement. Subdivision C—Termination of enterprise agreements by employers and employees