Section 168L — Fair Work Act 2009: Rules about varying coverage of State reference public sector modern awards

(1) The FWC may make a determination varying the coverage of a State reference public sector modern award only on application under section 158 by: (a) a State reference public sector employer; or (b) an organisation that is entitled to represent the industrial interests of a State reference public sector employer or of a State reference public sector employee. (2) The FWC must not make a determination varying the coverage of a State reference public sector modern award so that it ceases to be a State reference public sector modern award. (3) In deciding whether to make a determination varying the coverage of a State reference public sector modern award in some other way, the FWC must take into account the following: (a) the circumstances that led to the making of the modern award; (b) the terms and conditions of employment applying in the industry or occupation in which the persons covered, or proposed to be covered, by the modern award operate, and the extent to which those terms and conditions are reflected in the modern award; (c) the likely impact on the persons covered, or proposed to be covered, by the modern award of a decision to make, or not make, the variation; (d) if the variation would result in the modern award covering one or more additional classes of employers or employees—whether it is appropriate for that modern award to cover those classes of employers or employees, as well as the classes of employers and employees that it already covers; (e) the views of the persons covered, or proposed to be covered, by the modern award; (f) any other matter prescribed by the regulations.