Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SECT 32

32. Section 178 of the Principal Act is amended:

   (a)  by inserting after subparagraph (4)(a)(i) the following subparagraphs:

"(iia) if the breach is of a term of an award constituted by a certified
agreement or enterprise flexibility agreement, or of a term of an award that
states that it is a paid rates award, and continues for more than one day-the
total of:

                (A)  $5,000; and

                (B)  $2,500 for each day for which the breach continues; and
(iib) if the breach is of a term of an award constituted by such an agreement,
or of a term of an award that states that it is a paid rates award, but
subparagraph (iia) does not apply-$5,000; and";

   (b)  by inserting after subsection (4) the following subsection:

"(4A) A certified agreement or enterprise flexibility agreement may provide
that subparagraph (4)(a)(iia) applies to specified breaches of the agreement
as if sub-subparagraph (4)(a)(iia)(B) referred to a specified amount that is
greater or less than $2,500. If such an agreement so provides, paragraph
(4)(a) has effect accordingly.";
(c) by inserting in paragraph (5)(e) "or employee" after "officer" (twice
occurring).