the nature of the work;

the level of skill or responsibility involved in doing the work;

the conditions under which the work is done.

a direction about the exercise of modern award powers in accordance with Division 5 of Part 2-3;

under section 159, 160 or 161 (varying a modern award); or

in relation to any other variation under section 157 that the President considers appropriate of:

a modern award; or

if 2 or more modern awards relate to the same industry or occupation—those awards.

(a) the agreement would have been genuinely agreed to within the meaning of subsection (1) but for minor procedural or technical errors made in relation to the requirements mentioned in paragraph (1)(a) or (b), or the requirements of sections 173 and 174 relating to a notice of employee representational rights; and

the employees covered by the agreement were not likely to have been disadvantaged by the errors, in relation to the requirements mentioned in paragraph (1)(a) or (b) or the requirements of sections 173 and 174.

the termination of the FWC Member’s appointment under section 641; or

the removal of the FWC Member from office under section 82 or 86 of the WR Act (within the meaning of the Transitional Act), as those sections continue to apply because of the operation of item 2 of Schedule 18 to the Transitional Act.

paragraph (4)(b) of that section—omit “termination of the appointment of the FWC Member”, substitute “removal of the FWC Member from office”;

the note to subsection (4) of that section—omit “The appointment of an FWC Member may be terminated under section 641”, substitute “An FWC Member may be removed from office under section 82 or 86 of the WR Act (within the meaning of the Transitional Act), as those sections continue to apply because of the operation of item 2 of Schedule 18 to the Transitional Act,”;

(c) subparagraph (a)(i) of the definition of relevant belief in section 12 of the FW Act—omit “terminating the appointment of the FWC Member in accordance with section 641”, substitute “removing the FWC Member from office in accordance with section 82 or 86 of the WR Act (within the meaning of the Transitional Act), as those sections continue to apply because of the operation of item 2 of Schedule 18 to the Transitional Act”.

paragraph (a) of that section—omit “termination of the appointment of the FWC Member; and”, substitute “removal of the FWC Member from office.”;

paragraph (b) of that section—omit the paragraph;

note 1 to that section—omit “The appointment of an FWC Member may be terminated under section 641”, substitute “An FWC Member may be removed from office under section 82 or 86 of the WR Act (within the meaning of the Transitional Act), as those sections continue to apply because of the operation of item 2 of Schedule 18 to the Transitional Act,”;

note 2 to that section—omit the note.

the complaint is made before or after the commencement of this item; or

the complaint relates to the performance of the FWC Member before or after the commencement of this item.

the review of the modern award commenced before the Schedule 1 commencement day; and

immediately before that day, the review of the modern award had not been completed.

Division 4 of Part 2-3 (which deals with 4 yearly reviews of modern awards); and

paragraph 582(4)(a) (which deals with directions by the President); and

subsections 616(2) and (3) (which deal with the FWC’s functions etc. that must be performed by a Full Bench);

on or after the Schedule 2 commencement day; or

before the Schedule 2 commencement day, if circumstances covered by subclause (2) apply.

on or before the Schedule 2 commencement day, the FWC had neither approved, nor refused to approve, the enterprise agreement; or

before the Schedule 2 commencement day:

the FWC approved, or refused to approve, the enterprise agreement; and

an application was made under section 604 for an appeal against the decision to approve, or refuse to approve, the enterprise agreement; and

the FWC had not yet made a final decision on the appeal; or

all of the following apply:

within 21 days before the Schedule 2 commencement day, the FWC approved, or refused to approve, the enterprise agreement;

immediately before the Schedule 2 commencement day, an application had not been made under section 604 for an appeal against the decision to approve, or refuse to approve, the enterprise agreement;

within 21 days after the FWC approved, or refused to approve, the enterprise agreement, an application is made under section 604 for an appeal against that decision.