Section 768BS — Fair Work Act 2009: Orders remedying reductions in take-home pay

(1) If the FWC is satisfied that a transferring employee to whom a modern award applies has suffered a reduction in take-home pay, the FWC may make any order (a take-home pay order) requiring, or relating to, the payment of an amount or amounts to the employee that the FWC considers appropriate to remedy the situation. (2) The FWC may make a take-home pay order: (a) on its own initiative; or (b) on application by either of the following: (i) a transferring employee who has suffered a reduction in take-home pay; (ii) an organisation that is entitled to represent the industrial interests of the employee. (3) The FWC must not make a take-home pay order if: (a) the FWC considers that the reduction in take-home pay is minor or insignificant; or (b) the FWC is satisfied that the employee has been adequately compensated in other ways for the reduction. (4) The FWC must ensure that a take-home pay order is expressed so that: (a) it does not apply to a transferring employee unless the employee has actually suffered a reduction in take-home pay; and (b) if the take-home pay payable to the employee under the modern award increases after the order is made, there is a corresponding reduction in any amount payable to the employee under the order. (5) If the FWC is satisfied that an application for a take-home pay order has already been made in relation to a transferring employee, the FWC may dismiss any later application that is made under these provisions in relation to the same employee.