Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_121a
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 121A
Character Range: 537379–539559

121A  Awards and award‑related orders must meet certain requirements

 (1) The Commission must, when making an award or an award‑related order, if it considers it appropriate, ensure that the award or order:
 (a) does not include matters of detail or process that are more appropriately dealt with by agreement at the workplace or enterprise level; and
 (b) does not prescribe work practices or procedures that restrict or hinder the efficient performance of work; and
 (c) does not include terms that have the effect of restricting or hindering productivity, having regard to fairness to employees.

 (2) The Commission must, when making an award or an award‑related order, ensure that the award or order:
 (a) where appropriate, includes facilitative provisions that allow agreement at the workplace or enterprise level, between employers and employees (including individual employees), on how the award terms are to apply; and
 (b) includes terms providing for the employment of regular part‑time employees; and

Note: Clauses 15.3.1 to 15.3.5 of the Hospitality Industry—Accommodation, Hotels, Resorts and Gaming Award 1998 provide a model (see the Award Simplification Decision at P7500).
 (c) is expressed in plain English and is easy to understand in structure and content; and
 (d) does not include terms that are obsolete or that need updating; and
 (e) does not include terms that discriminate against an employee because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

 (3) An award or an award‑related order does not discriminate against an employee for the purposes of paragraph (2)(e) merely because:
 (a) it discriminates, in respect of particular employment, on the basis of the inherent requirements of that employment; or
 (b) it discriminates, in respect of employment as a member of the staff of an institution that is conducted in accordance with the teachings or beliefs of a particular religion or creed:
 (i) on the basis of those teachings or beliefs; and
 (ii) in good faith.