Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_42:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 42 (pt 1/2)
Character Range: 1092697–1095473

42  Variation to remove prohibited content

Initiating consideration of removal of prohibited content

 (1) The Employment Advocate may exercise his or her power under subclause (9) to vary a notional agreement preserving State awards to remove prohibited content of a prescribed kind:
 (a) on his or her own initiative; or
 (b) on application by any person.

 (2) This subclause and subclauses (3) to (6) and (9) to (12) are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the Employment Advocate's decision whether to make a variation under subclause (9).

Employment Advocate must give notice that considering variation

 (3) If the Employment Advocate is considering making a variation to a notional agreement preserving State awards under subclause (9), the Employment Advocate must give the persons mentioned in subclause (4) a written notice meeting the requirements in subclause (5).

 (4) The persons are:
 (a) an employer that is bound by the notional agreement; and
 (b) if an organisation is bound by the agreement—the organisation.

Matters to be contained in notice

 (5) The requirements mentioned in subclause (3) are that the notice must:
 (a) be dated; and
 (b) state that the Employment Advocate is considering making the variation; and
 (c) state the reasons why the Employment Advocate is considering making the variation; and
 (d) set out the terms of the variation; and
 (e) invite each person mentioned in subclause (6) to make a written submission to the Employment Advocate about whether the Employment Advocate should make the variation; and
 (f) state that any submission must be made within the period (the objection period) of 28 days after the date of the notice.

 (6) The persons are:
 (a) an employer that is bound by the notional agreement; and
 (b) each person whose employment is subject to the notional agreement as at the date of the notice; and
 (c) if an organisation is a party to the notional agreement—the organisation.

Employer must ensure employees have ready access to notice

 (7) An employer that has received a notice under subclause (3) in relation to the notional agreement must take reasonable steps to ensure that all persons whose employment is subject to the notional agreement at a time during the objection period are given a copy of the notice within the period:
 (a) starting on the day the employer received the notice; and
 (b) ending at the end of the objection period.

 (8) Subclause (7) is a civil remedy provision and may be enforced under Division 11 of Part VB as if the notional agreement were a workplace agreement.

Employment Advocate must remove prohibited content from agreement

 (9) If the Employment Advocate is satisfied that a term