MODERN AWARDS – 4 yearly review – Family & Domestic Violence Leave Clause – ss.156, 608, 622 Fair Work Act 2009 – on 27 February 2017 Vice President Watson published his decision in relation to the Family & Domestic Violence Leave Clause – Vice President’s resignation from the Commission took effect on 28 February 2017 – at the time of Vice President Watson’s resignation, the other two members of the relevant Full Bench had not published their decisions – remaining Members sought advice from Justice Ross as to whether they may proceed to finalise and publish a decision in the matter, having regard to s.622 of the FW Act – Commission sought and received submissions regarding reconstitution of the Full Bench – hearing in relation to this issue held on 4 April 2017 – provisional view of the President is that he should seek certainty in the final disposition of matter AM2015/1 by referring questions of law to the Federal Court pursuant to s.608(1) – Attachment to this Statement sets out on a provisional basis the statement of facts, questions of law and other materials proposed to be provided to the Federal Court – parties that appeared at the hearing on 4 April 2017 and any other interested persons are requested to provide submissions on the provisional view that a referral should be made to the Federal Court and also on the contents of the Attachment by 4 pm on Wednesday 10 May 2017 – after considering the submissions, the President will issue a decision as to whether a referral will be made to the Federal Court. 4 Yearly Review of Modern Awards – Family & Domestic Violence Leave Clause and other matters
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