Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_69
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 69
Character Range: 972591–974152

69  Persons bound by orders varying transitional awards

 (1) Subject to subclause (2) and any order of the Commission, an order that determines an industrial dispute by varying a transitional award is binding on:
 (a) all parties to the industrial dispute who appeared or were represented before the Commission; and
 (b) all parties to the industrial dispute who were summoned or notified (either personally or as prescribed) to appear as parties to the industrial dispute (whether or not they appeared); and
 (c) all parties who, having been notified (either personally or as prescribed) of the industrial dispute and of the fact that they were alleged to be parties to the industrial dispute, did not, within the time prescribed, satisfy the Commission that they were not parties to the industrial dispute; and
 (d) any transitional employer bound by the award under Part 6A of this Schedule (transmission of business);
 (e) all transitional employers and transitional employees who, on the reform commencement and on the date of the order varying the transitional award, were members of an organisation that is a party to the industrial dispute.

 (2) An order that determines an industrial dispute by varying a transitional award must not bind any transitional employer, transitional employee or organisation that was not bound by the transitional award on the reform commencement.

Note 1: Clause 4 provides for who is bound by a transitional award on and from the reform commencement.

Note 2: The term transitional award includes the award as varied.