617 FWC’s functions etc. that must be performed by an Expert Panel
Expert Panel for annual wage reviews
(1) An annual wage review must be conducted under Part 2‑6 by an Expert Panel constituted for the purposes of the review.
Note: For the constitution of an Expert Panel for the purposes of an annual wage review, see subsection 620(1).
(2) A national minimum wage order, or a determination, made in an annual wage review must be made by an Expert Panel constituted for the purposes of the review.
(3) A determination that varies a national minimum wage order must be made under Part 2‑6 by an Expert Panel constituted for the purposes of the review.
Expert Panel for 4 yearly review of default fund terms
(4) In a 4 yearly review of default fund terms of modern awards, the following must be made by an Expert Panel constituted for the purposes of the review:
(a) the Default Superannuation List;
(b) a determination under section 156E on an application to have a standard MySuper product included on the Default Superannuation List;
(c) the Schedule of Approved Employer MySuper Products;
(d) a determination under section 156P on an application made in the standard application period to have an employer MySuper product included on the Schedule of Approved Employer MySuper Products.
Note: For the constitution of an Expert Panel for those purposes, see subsection 620(1A).
Expert Panel for amending the Schedule of Approved Employer MySuper Products
(5) If an application is made in the interim application period to have an employer MySuper product included on the Schedule of Approved Employer MySuper Products, the following must be made by an Expert Panel constituted for the purposes of determining the application:
(a) a determination under section 156P on the application;
(b) if the determination is to include the product on the schedule—an amendment of the schedule to specify the product.
Note: For the constitution of an Expert Panel for those purposes, see subsection 620(1A).
Expert Panel for pay equity
(6) If the President considers that substantive gender pay equity matters might require the making of a determination under subsection 157(2) (other than a determination that the President considers might relate to the Care and Community Sector), the determination must be made by an Expert Panel constituted for the purpose of deciding whether to make the determination.
Note: For the constitution of an Expert Panel for that purpose, see subsection 620(1B).
(7) An equal remuneration order made under section 302 (other than an equal remuneration order that the President considers might relate to the Care and Community Sector) must be made by an Expert Panel constituted for the purpose of deciding whether to make the equal remuneration order.
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Note: For the constitution of an Expert Panel for that purpose, see subsection 620(1B).
Expert Panel for the Care and Community Sector
(8) A determination or modern award made under subsection 157(1) that the President considers might relate to the Care and Community Sector must be made by an Expert Panel constituted for the purpose of deciding whether to make the determination or modern award.
Note: For the constitution of an Expert Panel for that purpose, see subsection 620(1C).
Expert Panel for pay equity in the Care and Community Sector
(9) A determination made under subsection 157(2) that the President considers might relate to the Care and Community Sector must be made by an Expert Panel constituted for the purpose of deciding whether to make the determination.
Note: For the constitution of an Expert Panel for that purpose, see subsection 620(1D).
(10) An equal remuneration order made under section 302 that the President considers might relate to the Care and Community Sector must be made by an Expert Panel constituted for the purpose of deciding whether to make the equal remuneration order.
Note: For the constitution of an Expert Panel for that purpose, see subsection 620(1D).
President’s considerations
(10A) For the purposes of subsections (6), (7), (8), (9) and (10), if the President considers that an equal remuneration order, determination or modern award might relate to the Care and Community Sector, it does not matter if the President considers that the equal remuneration order, determination or modern award might also relate to another sector.
Expert Panel for road transport industry
(10B) The following must be made by an Expert Panel constituted for that purpose:
(a) a modern award made under Part 2‑3 that the President considers might relate to the road transport industry;
(b) a determination made under subsection 157(1) varying or revoking a modern award that the President considers might relate to the road transport industry;
(c) a road transport minimum standards order made under paragraph 536JY(1)(b) or a determination made under subsection 536KQ(1) varying or revoking a road transport minimum standards order;
(ca) a deferral determination made under subsection 536KQJ(1) in relation to a road transport minimum standards order;
(cb) a suspension determination made under subsection 536KQP(1) in relation to a road transport minimum standards order;
(cc) a determination made under subsection 536KQ(1) varying or revoking a road transport minimum standards order to give effect to a decision to vary or revoke the minimum standards order under paragraph 536KQS(2)(a) or (b);
(cd) a decision made under paragraph 536KQS(2)(a), (b) or (c) as to whether or not to vary or revoke a road transport minimum standards order;
(d) road transport guidelines made under subsection 536KR(1) or a determination made under subsection 536KZ(1) varying or revoking road transport guidelines;
(da) a road transport contractual chain order made under section 536PD or a determination made under 536PT varying or revoking a road transport contractual chain order;
(db) road transport contractual chain guidelines made under section 536QP or a determination made under section 536QW varying or revoking road transport contractual chain guidelines;
(dc) a deferral determination made under subsection 536QB(1) in relation to a road transport contractual chain order;
(dd) a suspension determination made under subsection 536QG(1) in relation to a road transport contractual chain order;
(de) a determination made under subsection 536PT(1) varying or revoking a road transport contractual chain order to give effect to a decision to vary or revoke the road transport contractual chain order under paragraph 536QK(2)(a) or (b);
(df) a decision made under paragraph 536QK(2)(a), (b) or (c) as to whether or not to vary or revoke a road transport contractual chain order;
(e) such other instruments as are prescribed that the President considers might relate to the road transport industry.
Note 1: For the constitution of an Expert Panel for that purpose, see subsection 620(1E).
Note 2: The road transport objective is relevant to the functions of an Expert Panel referred to in this subsection, see section 40D.
President’s considerations
(10C) For the purposes of subsection (10B), if the President considers that a determination or a modern award, or a prescribed instrument, might relate to the road transport industry, it does not matter if the President considers that the determination or modern award or prescribed instrument might relate to another industry or sector.
(10D) The President may direct that the following matters be dealt with by an Expert Panel constituted for the purpose:
(a) an employee‑like worker minimum standards order or a determination varying or revoking an employee‑like worker minimum standards order, if the President considers that the order might relate to the road transport industry or sector;
(b) employee‑like guidelines or a determination varying or revoking employee‑like guidelines, if the President considers that the guidelines might relate to the road transport industry;
(c) any other prescribed instrument or matter that the President considers might relate to the road transport industry;
whether or not the President considers that the matter might also relate to another industry or sector.
Note: For the constitution of an Expert Panel for that purpose, see subsection 620(1E).
Other variations of modern awards
(11) The President may direct an Expert Panel constituted for the purpose of performing a function or exercising a power under section 159, 160 or 161 (about variations of modern awards) to perform the function or exercise the power.
Note: For the constitution of an Expert Panel for that purpose, see subsection 620(1B), (1C) or (1D).