Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_30
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 30
Character Range: 929560–931787

30  Variation of transitional awards—discrimination, etc.

 (1) If the Commission considers that a term of a transitional award about a matter referred to in subclause 29(2) is ambiguous or uncertain, the Commission may make an order varying the award so as to remove the ambiguity or uncertainty.

 (2) If a transitional award is referred to the Commission under section 46PW of the Human Rights and Equal Opportunity Commission Act 1986, the Commission must convene a hearing to review the award.

 (3) In a review under subclause (2):
 (a) the Commission must take such steps as it considers appropriate to ensure that each transitional employer and organisation bound by the transitional award is made aware of the hearing; and
 (b) the Sex Discrimination Commissioner may intervene in the proceeding.

 (4) If the Commission considers that a transitional award reviewed under subclause (2) is a discriminatory award, the Commission must take the necessary action to remove the discrimination, by making an order varying the award.

 (5) The Commission may, on application by a transitional employer or organisation bound by a transitional award, vary a term of the award referring by name to a transitional employer or organisation bound by the award:
 (a) to reflect a change in the name of the transitional employer or organisation; or
 (b) if:
 (i) the registration of the organisation has been cancelled; or
 (ii) the transitional employer or organisation has ceased to exist;
  to omit the reference to its name.

 (6) The onus of demonstrating that a transitional award should be varied as set out in an application under subclause (5) rests with the applicant.

 (7) In this clause:

discriminatory award means a transitional award that:
 (a) has been referred to the Commission under section 46PW of the Human Rights and Equal Opportunity Commission Act 1986; and
 (b) requires a person to do any act that would be unlawful under Part II of the Sex Discrimination Act 1984, except for the fact that the act would be done in direct compliance with the award.
For the purposes of this definition, the fact that an act is done in direct compliance with the award does not of itself mean that the act is reasonable.