Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_119b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 119B
Character Range: 523553–525632

119B  Variation of awards—other grounds

 (1) The Commission may, if it considers that an award or a term of an award is ambiguous or uncertain, make an order varying the award so as to remove the ambiguity or uncertainty.

 (2) If an 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 subsection (2):
 (a) 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 hearing; and
 (b) the Sex Discrimination Commissioner may intervene in the proceeding.

 (4) If the Commission considers that an award reviewed under subsection (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 an employer or organisation bound by an award, make an order varying a term of the award referring by name to an employer or organisation bound by the award:
 (a) to reflect a change in the name of the employer or organisation; or
 (b) if:
 (i) the registration of the organisation has been cancelled; or
 (ii) the employer or organisation has ceased to exist;
  to omit the reference to its name.

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

 (7) In this section:

discriminatory award means an 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.

Subdivision B—Revocation of awards