Section 737 — Fair Work Act 2009 (Cth)

(1) The FWC must determine a model term for dealing with disputes for enterprise agreements.

(2) In determining the model term, the FWC must:

(a) ensure that the model term is consistent with the requirements set out in subsection 186(6); and

(b) take into account the following matters:

(i) whether the model term is broadly consistent with comparable terms in modern awards;

(ii) best practice workplace relations as determined by the FWC;

(iii) whether all persons and bodies have had a reasonable opportunity to be heard and make submissions to the FWC for consideration in determining the model term;

(iv) the operation of subsections 739(3), (4), (5) and (6) and 740(3) and (4);

(v) the object of this Act (see section 3);

(vi) any other matters the FWC considers relevant.

Note 1: The FWC must be constituted by a Full Bench to make the model term dealing with disputes (see subsection 616(4A)).

Note 2: For the variation of a determination, see subsection 33(3) of the Acts Interpretation Act 1901.

(3) A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.

Related sections

• s 734C — Limitation on applications for review of services contracts—other proceedings in progress
• s 735 — Guide to this Part
• s 736 — Meanings of employee and employer
• s 738 — Application of this Division
• s 739 — Disputes dealt with by the FWC
• s 740 — Dispute dealt with by persons other than the FWC

Research how courts apply s 737

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