Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SECT 17

17. After section 150 of the Principal Act the following section is inserted:
Commission to review awards

"150A.(1) Each award in force (other than a certified agreement or enterprise
flexibility agreement) must be reviewed by the Commission for the purposes of
this section:

   (a)  if the award was in force at the commencement of this section-within 3
        years after that commencement; and

   (b)  otherwise-within 3 years after the award was made; and

   (c)  in any case-within 3 years after the award was last reviewed for those
        purposes.

"(2) If, after reviewing an award for the purposes of this section, the
Commission considers that the award is deficient in any of these respects:

   (a)  the terms of the award are no longer appropriate having regard to the
        Commission's duty under paragraph 90AA(2)(a) to ensure that the system
        of awards provides for secure, relevant and consistent wages and
        conditions of employment;

   (b)  the award contains a provision which discriminates against an employee
        because of, or for reasons including, race, colour, sex, sexual
        preference, age, physical or mental disability, marital status, family
        responsibilities, pregnancy, religion, political opinion, national
        extraction or social origin;

   (c)  the award contains obsolete provisions or provisions that need
        updating;

   (d)  the award is not expressed in plain English;

   (e)  the award is not structured in a way that is as easy to understand as
        the subject matter allows;

   (f)  the award prescribes matters in unnecessary detail; the Commission
        must, in order to remedy the deficiency, take the steps (if any)
        prescribed by the regulations.

"(3) The steps so prescribed may include varying the award after giving any
party to the award who has a genuine interest in the matter an opportunity to
be heard.".