Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SECT 15

15. After section 113 of the Principal Act the following sections are
inserted: Commission to include enterprise flexibility provisions in awards

"113A. So far as the Commission considers appropriate, an award must establish
a process for agreements to be negotiated, at the enterprise or workplace
level, about how the award (as it applies to the enterprise or workplace
concerned) should be varied so as to make the enterprise or workplace operate
more efficiently according to its particular needs. Variation of award to give
effect to agreement negotiated under enterprise flexibility provision

"113B.(1) This section applies if an application is made for variation of an
award, as it applies to an enterprise or workplace, for the purpose of giving
effect to an agreement made under a provision included in the award under
section 113A.

"(2) The Commission does not have power to vary the award for that purpose
unless it is satisfied that the variation would not, in relation to their
terms and conditions of employment, disadvantage the employees who would be
affected by the variation.

"(3) For the purposes of subsection (2), a variation of an award is taken to
disadvantage employees in relation to their terms and conditions of employment
only if:

   (a)  it would result in the reduction of any entitlements or protections of
        those employees under:

        (i)    that or any other award; or

        (ii)   any other law of the Commonwealth or of a State or Territory
               that the Commission thinks relevant; and

   (b)  in the context of their terms and conditions of employment considered
        as a whole, the Commission considers that the reduction is contrary to
        the public interest.

"(4) Each organisation of employees that is a party to the award is entitled
to be heard on the application.

"(5) However, the Commission must not refuse to vary the award merely because
an organisation refuses to agree or consent to the variation, if the
Commission is satisfied that the refusal is unreasonable.".