See Fair Work Act 2009 s.218
Review of an enterprise agreement
The Fair Work Commission must review an enterprise agreement if the agreement is referred to it under section 46PW of the Australian Human Rights Commission Act 1986 (Cth) (which deals with discriminatory industrial instruments).
Submissions
The Age Discrimination Commissioner is entitled to make submissions to the Commission for consideration in the review if the referral relates to action that would be unlawful under Part 4 of the Age Discrimination Act 2004 (Cth).
The Disability Discrimination Commissioner is entitled to make submissions to the Commission for consideration in the review if the referral relates to action that would be unlawful under Part 2 of the Disability Discrimination Act 1992 (Cth).
The Sex Discrimination Commissioner is entitled to make submissions to the Commission for consideration in the review if the referral relates to action that would be unlawful under Part II of the Sex Discrimination Act 1984 (Cth).
Variation of an enterprise agreement
If the Commission considers that the agreement reviewed requires a person to do an act that would be unlawful under:
- the Age Discrimination Act
- the Disability Discrimination Act, or
- the Sex Discrimination Act;
(but for the fact that the act would be done in direct compliance with the agreement), the Commission must vary the agreement so that it no longer requires the person to do an act that would be so unlawful.
If the agreement is varied, the variation operates from the day specified in the decision to vary the agreement.