Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.