Commonwealth Numbered Regulations

1994 No. 244 INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) - REG 2

2.1 After regulation 26, insert: Review of awards by Commission-steps to
remedy deficiency

"26A. (1) If the Commission, in accordance with subsection 150A (2) of the
Act, considers that an award is deficient, it must take the steps set out in
this regulation.



"(2) The Commission must record its reasons for considering that the award is
deficient.



"(3) Before making a decision on remedying the deficiency, the Commission must
give an opportunity to be heard:

   (a)  to any party to the award who has a genuine interest in the matter;
        and

   (b)  if the Commission considers that the award is deficient in a respect
        referred to in paragraph 150A (2) (b) of the Act (which relates to an
        award provision that discriminates against an employee)-to the Human
        Rights and Equal Opportunity Commission established by the
        Human Rights and Equal  Opportunity Commission Act 1986 ; and

   (c)  to any intervener.



"(4) After hearing any party, the Human Rights and Equal Opportunity
Commission and any intervener, as the case requires, the Commission must, in
order to remedy the deficiency:

   (a)  vary the award; or

   (b)  take such other action in relation to the award as the Commission
        thinks appropriate.



"(5) In making a decision under subregulation (4) relating to a deficiency in
a respect referred to in paragraph 150A (2) (a), (c) or (f) of the Act, the
Commission must consider:

   (a)  whether any provision containing the deficiency should be omitted from
        the award; and

   (b)  whether there is any provision in the award that would be more
        appropriately included in an agreement, or agreements, between the
        parties.



"(6) If the Commission considers that it is not appropriate in the
circumstances to make an order remedying the deficiency immediately, the
Commission may:

   (a)  remedy the deficiency in stages, or over a period of time; or

   (b)  provide the parties with an opportunity to remedy the deficiency in a
        manner agreed by them. (NOTE: Reference should also be made to any
        relevant principles determined by a Full Bench; see section 106 (and,
        in particular, paragraph 106 (2) (d)) of the Act.)".