Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_116k
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 116K
Character Range: 495473–498017

116K  Boards of reference

 (1) An award may include, in accordance with subsection (2) or (3), a term:
 (a) appointing, or giving power to appoint, for the purposes of the award, a board of reference consisting of a person or 2 or more persons; and
 (b) assigning to the board of reference functions as described in subsection (4).

 (2) A term of a pre‑reform award that appoints, or gives power to appoint, a board of reference is taken:
 (a) to continue in effect after the reform commencement, to the extent that it complies with subsection (4); and
 (b) to cease to have effect after the reform commencement, to the extent that it does not comply with subsection (4).

 (3) An award (the rationalised award) made under section 118E or varied under section 118J may include a term that appoints, or gives power to appoint, a board of reference, but the term has effect only to the extent that:
 (a) the term was included in one or more of the following awards (the replaced award):
 (i) any award that the rationalised award has the effect of replacing;
 (ii) if the rationalised award is an award varied under section 118J—the award as in force immediately before the variation; and
 (b) the functions of the board of reference that relate to preserved award terms relate only to preserved award terms that were included in the replaced award immediately before the making or variation of the rationalised award; and
 (c) the term complies with subsection (4).

 (4) A term of an award that appoints, or gives power to appoint, a board of reference:
 (a) may confer upon the board of reference an administrative function in respect of allowing, approving, fixing or dealing with, in the manner and subject to the conditions specified in the award, a matter or thing that, under the award, may from time to time be required to be allowed, approved, fixed or dealt with; and
 (b) must not confer upon the board of reference a function of settling or determining disputes about any matter arising under the award.

 (5) A function conferred under subsection (4) may relate only to allowable award matters or terms permitted by this Subdivision to be included in the award.

 (6) A board of reference may consist of or include a Commissioner.

 (7) Subject to this section, the regulations may make provision in relation to:
 (a) a particular board of reference; or
 (b) boards of reference in general;
including, but not limited to, the functions and powers of the board or boards.

Subdivision C—Terms in awards that cease to have effect