Section 120 — Fair Work Act 2009: FWC power to deal with uncertainties or difficulties arising from the operation of section 15AA of the amended Act

(1) The FWC may make a determination varying a fair work instrument in order to resolve an uncertainty or difficulty relating to the operation or effect of the fair work instrument, being an uncertainty or difficulty arising as a result of, or in connection with, the amendment made by item 237 of Part 15 of Schedule 1 to the amending Act. (2) The FWC may make a determination under subclause (1) varying a modern award: (a) on its own initiative; or (b) on application by an employer, employee, organisation or outworker entity covered by the modern award; or (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees covered by the modern award; or (d) if the modern award includes outworker terms—on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the outworker terms relate. (3) The FWC may make a determination under subclause (1) varying an enterprise agreement or a workplace determination: (a) on its own initiative; or (b) on application by any of the following: (i) one or more of the employers covered by the enterprise agreement or workplace determination; (ii) an employee covered by the enterprise agreement or workplace determination; (iii) an employee organisation covered by the enterprise agreement or workplace determination. (4) The FWC may make a determination under subclause (1) varying an FWC order: (a) on its own initiative; or (b) on application: (i) by a person affected by the order; or (ii) if the FWC order is of a kind prescribed by the regulations—by a person prescribed by the regulations in relation to that kind of order. (5) A variation of a fair work instrument under this clause operates from the day specified in the determination, which may be a day before the determination was made. (6) The regulations may provide as follows: (a) that this clause applies, or does not apply, to a specified fair work instrument or a specified class of fair work instrument; (b) that this clause applies, or does not apply, to a specified uncertainty or difficulty, or a specified class of uncertainty or difficulty.