South Australian Numbered Acts

INDUSTRIAL LAW REFORM (FAIR WORK) ACT 2005 (NO 3 OF 2005) - SECT 39

39—Amendment of section 84—Power of Commission to vary or rescind an enterprise agreement

        (1)         Section 84(1)—after paragraph (b) insert:

            (c)         to bring the agreement into conformity with an undertaking on the basis of which the agreement was approved.

        (2)         Section 84(4) and (5)—delete subsections (4) and (5) and substitute:

        (4)         A party to an enterprise agreement, an employee bound by the agreement, or a registered association with at least 1 member who is bound by the agreement, may apply to the Commission for an order rescinding the agreement after the end of the term of the agreement.

        (5)         On receiving an application for rescission under subsection (4), the Commission must take such steps as it considers appropriate to obtain the views of the persons bound by the agreement about whether the agreement should be rescinded.

        (6)         If on an application under subsection (4) the Commission is satisfied—

            (a)         that the employer or a majority of the employees bound by the agreement want it rescinded; and

            (b)         that the rescission of the agreement will not unfairly advance the bargaining position of a particular person or group in the circumstances of the particular case,

the Commission may rescind the agreement.