Sch 1 s 26Incomplete review of modern award

26 Incomplete review of modern award

Scope

(1) This clause applies in relation to a review of a modern award conducted as part of a 4 yearly review of modern awards if:

(a) the review of the modern award commenced before the Schedule 1 commencement day; and

(b) immediately before that day, the review of the modern award had not been completed.

Saving

(2) Despite the repeal of:

(a) Division 4 of Part 2‑3 (which deals with 4 yearly reviews of modern awards); and

(b) paragraph 582(4)(a) (which deals with directions by the President); and

(c) subsections 616(2) and (3) (which deal with the FWC’s functions etc. that must be performed by a Full Bench);

by the amending Act, those provisions continue to apply, in relation to the review of the modern award, as if those repeals had not happened.

(3) Despite the repeal of paragraph 582(4)(a) (which deals with directions by the President) by the amending Act, a direction given by the President to an FWC Member under that paragraph that was in force immediately before the Schedule 1 commencement day continues to have effect, in relation to the review of the modern award, as if that repeal had not happened.

(3A) If, after the commencement of Part 5 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, the FWC is considering, under repealed Division 4 of Part 2‑3 (as continued in force under subclause (2)), whether an amendment to a modern award is justified by work value reasons, the FWC’s consideration of those 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.

Common issues

(4) For the purposes of this clause, it is immaterial whether the review of the modern award is conducted in relation to an issue that the modern award has in common with another modern award.