MODERN AWARDS – award modernisation – modern enterprise award – Sch. 6, Items 2, 4, 6 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 – Full Bench – application by Indian Ocean Territories Administration – Order issued at hearing making Christmas Island Administration Enterprise Award 2016 – reasons for decision – circumstances that led to making of enterprise instrument rather than an instrument of more general application considered – Full Bench held award to have had a long and distinct history, a factor that weighed in favour of making of modern award – Full Bench also found there was no single award, but for proposed award, that would cover all employees covered by current instrument – content of award and terms both weighed in favour – no opposition to making of modern enterprise award – unique nature of Indian Ocean Territories Administration and lack of any convenient alternative award that would better satisfy modern awards objective considered – Full Bench considered consolidated and modernised enterprise award remained most suitable vehicle for fair and relevant safety net into future – compelling case for making of modern enterprise award – proposed enterprise award made in terms agreed between parties. Christmas Island Administration Enterprise Award 2016

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