Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_118p
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 118P
Character Range: 518946–520455

118P  Inclusion of preserved award terms in written awards

 (1) This section applies if a preserved award term is taken under Division 3 to be included in an award (a rationalised award) made under section 118E or varied under section 118J.

 (2) In reducing the rationalised award to writing as required by section 121, the Commission must:
 (a) include the preserved award term in the rationalised award; and
 (b) identify it as a preserved award term; and
 (c) identify the employers bound by the preserved award term; and
 (d) identify the employees bound by the preserved award term.

Note: Section 117A deals with the employers bound by preserved award terms.

 (3) If more than one preserved award term to the same substantive effect is taken under Division 3 to be included in the rationalised award:
 (a) paragraph (2)(a) requires that the preserved award term be included only once in the rationalised award; and
 (b) to avoid doubt, paragraphs (2)(b), (c) and (d) have effect according to their terms in relation to the preserved award term.

 (4) For the purposes of paragraphs (2)(c) and (d) respectively:
 (a) employers may be identified by name or by inclusion in a specified class or specified classes; and
 (b) employees must be identified by inclusion in a specified class or specified classes.

 (5) Without limiting the way in which a class may be described for the purposes of this section, the class may be described by reference to a particular industry or particular kinds of work.