Section 164 — Fair Work Act 2009 (Cth)

Special criteria for revoking modern awards

The FWC must not make a determination revoking a modern award unless the FWC is satisfied that:

(a) the award is obsolete or no longer capable of operating; or

(b) all the employees covered by the award are covered by a different modern award (other than the miscellaneous modern award) that is appropriate for them, or will be so covered when the revocation comes into operation.

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 161 — Variation of modern award on referral by Australian Human Rights Commission
s 162 — General
s 163 — Special criteria relating to changing coverage of modern awards
s 165 — When variation determinations come into operation, other than determinations setting, varying or revoking modern award minimum wages
s 166 — When variation determinations setting, varying or revoking modern award minimum wages come into operation
s 167 — Special rules relating to retrospective variations of awards

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