3B.01Modern awards

#### 3B.01 Modern awards For subitem 8(1) of Schedule 2 to the Act, Schedule 5 to the Act is modified by inserting the following Part after Part 3. Part 4—Modern awards 14 Variation of modern award (1) FWA may make an order varying a modern award if FWA considers that the variation is necessary to give effect to the award modernisation request as it was in effect immediately before 1 January 2010. (2) However, FWA may make the order only: (a) if: (i) the Australian Industrial Relations Commission had received an application before 1 January 2010 to vary a modern award to give effect to the award modernisation request; and (ii) the Commission did not make a decision on the application before 1 January 2010; or (b) on its own initiative. (3) For subitem (2): (a) FWA must have regard to the terms of the award modernisation request and the matters to which the Commission was required to have regard, immediately before 1 January 2010, in conducting the award modernisation process; and (b) FWA must have regard to submissions made to the Commission during the award modernisation process, if FWA considers that it is appropriate to do so. > Note: For the purpose of making the variation, FWA may inform itself in such manner as it considers appropriate. FWA will be able to seek, and have regard to, new submissions. (4) Subitems (1) to (3) cease to have effect at the end of 31 March 2010.