Section 159 — Fair Work Act 2009: Variation of modern award to update or omit name of employer, organisation or outworker entity

(1) The FWC may make a determination varying a modern award: (a) to reflect a change in the name of an employer, organisation or outworker entity; or (b) to omit the name of an organisation, employer or outworker entity from the modern award, if: (i) the registration of the organisation has been cancelled under the Workplace Relations Act 1996; or (ii) the employer, organisation or outworker entity has ceased to exist; or (c) if the modern award is a named employer award and the named employer is the old employer in a transfer of business—to reflect the transfer of business to the new employer. (2) The FWC may make a determination under this section: (a) in any case—on its own initiative; or (b) if paragraph (1)(a) or (b) applies—on application by the employer, organisation or outworker entity referred to in that paragraph; or (c) if paragraph (1)(c) applies—on application by: (i) the old employer or the new employer; or (ii) a transferring employee who was covered by the modern award as an employee of the old employer; or (iii) an organisation that is entitled to represent the industrial interests of the old employer, the new employer, or one or more employees referred to in subparagraph (ii).