Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_120b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 120B
Character Range: 528611–530590

120B  Application to be bound by an award—no agreement between employer and employees

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

 (2) An employer may make an application under subsection (1) even if a valid majority of the employees of the employer who would be bound by the award do not support the application.

 (3) An employee or employees of an employer may make an application under subsection (1) even if the employer does not support the application.

 (4) 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.

 (5) The Commission may make an order varying the award as specified in the application only if the Commission is satisfied:
 (a) that the employer, and the employees of the employer who would be bound by the award, have been unable to make a workplace agreement, despite having made reasonable efforts to do so; and
 (b) the award is appropriate to govern 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.

 (6) An organisation may make an application under subsection (1) on behalf of an employee or employees, and may represent the employee or employees in proceedings relating to the application, if:
 (a) the employee or employees have requested that the organisation do so; and
 (b) the organisation is entitled (under its eligibility rules) to represent the interests of the employee or employees.

 (7) In this section:

protected action has the meaning given by section 108.

reasonable efforts does not require the taking of protected action.