(1)  Subject to subsections (1A) and (2) , an award under this Act may contain provisions with respect to any industrial matter.

(1A)  An award may contain provisions for or with respect to the payment of contributions, whether by an employer or employee or both, to a superannuation fund, but may not contain provisions for or with respect to –

(a) the entitlement of employees to a payment or other benefit under a superannuation fund;

(b) the investment of contributions, whether paid by an employer or employee or both, to a superannuation fund; or

(c) the management of a superannuation fund.

(1B)  In making or varying an award in relation to payment of contributions to a superannuation fund, the Commission must not refuse to make or vary that award if the superannuation fund –

(a) is a complying superannuation fund; and

(b) is one which the Commission is satisfied meets the wishes of employees.

(1C)  In making or varying an award in relation to payment of contributions to a superannuation fund, the Commission must ensure that the provisions of the award do not require payment of any amount greater than an amount prescribed by wage fixing principles adopted by the Commission.

(1D)  For the purpose of subsection (1B) , complying superannuation fund means a fund –

(a) that is in receipt of a current notice under the Superannuation Entities (Taxation) Act 1987 of the Commonwealth or the Superannuation Industry (Supervision) Act 1939 of the Commonwealth stating that the fund has satisfied the superannuation fund conditions in relation to the most recent completed year of income; or

(b) the trustees of which certify that they propose to take the required action under that Act to obtain a notice of compliance in relation to the current year of income.

(2)  Without prejudice to the generality of subsection (1) , an award may make provision specifying the manner in which any rates of remuneration are to be fixed.

(3)  An award may –

(a) provide for the settling of disputes as to questions of fact, but not as to questions of law, arising under it or arising in respect of matters to which the award relates, by the Commission; and

(b) in respect of any matter to which the award relates, require anything to be done to the satisfaction of the Commission or prohibit anything being done without the consent of the Commission.

(4)  The Commission shall –

(a) in making an award in respect of private employees, have regard to an agreement or arrangement made by a private employer with respect to any of the following matters:

(i) the payment to him of rent in respect of housing provided by him for his employees (being private employees in respect of which the award is made);

(ii) the provision by him of accommodation or meals or both for those employees;

(iii) the payment by him of the removal expenses of those employees; and

(b) if it is satisfied that the agreement or arrangement provides adequately or appropriately for such a matter, determine not to include provisions in the award in respect of that matter in relation to those employees.

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(6)  References in this Act to a rate of remuneration fixed by an award shall be construed as including references to a rate of remuneration determined in accordance with the provisions of an award.

(7)  An award may amend or may replace or rescind an existing award, and an award amended by a subsequent award continues to have effect as so amended, and an award ceases to have effect if it is replaced or rescinded by a subsequent award.

(7A)  The Commission may, of its own motion or upon application by an organization and after consultation with such organizations as it considers appropriate, by notice in the Gazette , rescind an award it considers no longer serves any useful purpose.

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