Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SECT 27

27. Section 95 of the Principal Act is repealed and the following section is
substituted: No automatic flow-on of terms of certain awards and agreements

"95.(1) The Commission does not have power:

   (a)  to include terms in an award that are based on the terms of a
        certified agreement or of an enterprise flexibility agreement; or

   (b)  to include terms in an award that are based on the terms of a paid
        rates award; unless the Commission is satisfied that including the
        terms in the award:

   (c)  would not be inconsistent with principles established by a Full Bench
        that apply in relation to determining wages and conditions of
        employment; and

   (d)  would not be otherwise contrary to the public interest.

"(2) In this section:
'award' does not include a certified agreement or an enterprise flexibility
agreement.".