Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_85
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 85
Character Range: 1003378–1005602

85  Variation of common rules during the transitional period

 (1) Subject to this clause, if, during the transitional period, the Commission varies a term of a transitional award that is the underlying award for a common rule in Victoria for an industry, the variation is, by force of this subclause, a common rule in Victoria for the industry, to the extent to which the variation regulates employers in respect of the employment of their employees, during the period:
 (a) beginning on the date of effect of the variation; and
 (b) ending:
 (i) on the revocation of the underlying award; or
 (ii) on the revocation of the variation; or
 (iii) at the end of the transitional period;
  whichever comes first.

 (2) Before the Commission varies a term of a kind referred to in subclause (1), a Registrar must, as prescribed, give notice of the place where, and the time when, it is proposed to hear the matter involving the term.

 (3) If the Commission varies a term of a kind referred to in subclause (1), a Registrar must immediately publish, as prescribed, a notice inviting any organisation or person interested and wanting to be heard to lodge notice of objection to the variation binding the organisation or person.

 (4) If a notice of objection in relation to a variation is lodged within the prescribed time by an organisation or person under subclause (3), the Commission:
 (a) must hear the objection; and
 (b) may declare that the variation is not binding on the organisation or person.

 (5) If the Commission makes a declaration under subclause (4), a Registrar must give notice of the declaration as prescribed.

 (6) A variation that is a common rule under this clause:
 (a) is not enforceable before the end of 28 days after the date of effect of the variation; and
 (b) if a notice of objection in relation to the variation is lodged within the prescribed time by an organisation or person under subclause (3)—is not enforceable against the organisation or person before the hearing of the objection is finally disposed of.

 (7) In this clause:

the prescribed time means the period, after the publication of the notice under subclause (3), prescribed by Rules of the Commission made under section 48.