Section 48 — Fair Work Act 2009: Variations to modern awards

(1) If: (a) a modern award is made before commencement; and (b) the modern award is in operation on commencement; and (c) immediately before commencement, the modern award includes a term (the relevant term) that: (i) defines or describes casual employment; or (ii) deals with the circumstances in which employees are to be employed as casual employees; or (iii) provides for the manner in which casual employees are to be employed; or (iv) provides for the conversion of casual employment to another type of employment; then the FWC must, within 6 months after commencement, review the relevant term in accordance with subclause (2). (2) The review must consider the following: (a) whether the relevant term is consistent with this Act as amended by Schedule 1 to the amending Act; (b) whether there is any uncertainty or difficulty relating to the interaction between the award and the Act as so amended. (3) If the review of a relevant term under subclause (1) finds that: (a) the relevant term is not consistent with this Act as amended by Schedule 1 to the amending Act; or (b) there is a difficulty or uncertainty relating to the interaction between the award and the Act as so amended; then the FWC must make a determination varying the modern award to make the award consistent or operate effectively with the Act as so amended. (4) The determination must be made as soon as reasonably practicable after the review is conducted. (5) A determination under subclause (3) comes into operation on (and takes effect from) the start of the day the determination is made. (6) Section 168 applies to a determination made under subclause (3) as if it were a determination made under Part 2-3.