Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_120a
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 120A
Character Range: 527446–528611

120A  Application to be bound by an award—agreement between employer and employees

 (1) An employer may apply to the Commission for an order varying a specified award to bind the employer and a specified class or specified classes of employees of the employer.

 (2) If an application is made under subsection (1), the Commission must take such steps as it thinks appropriate to ensure that each employer, employee and organisation bound by the award is made aware of the application.

 (3) The Commission may make an order varying the award as specified in the application if it is satisfied that:
 (a) a valid majority of the employees of the employer who would be bound by the award support the application; and
 (b) the award is appropriate to regulate the terms and conditions of employment of those employees; and
 (c) the employer is not already bound by an award that regulates the terms and conditions of employment of those employees.

 (4) The Commission may make the order without holding a hearing unless the Commission considers that it cannot be satisfied of the matters referred to in paragraphs (3)(a) and (b) based on the information provided.