Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_119a
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 119A
Character Range: 522087–523553

119A  Variation of awards if essential to maintain minimum safety net entitlements

 (1) An employer, employee or organisation bound by an award may apply to the Commission for an order varying the award on the ground that that the variation is essential to the maintenance of minimum safety net entitlements.

. (2) 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, and any other interested persons and bodies, are made aware of the application.

 (3) The Minister may intervene in relation to the application.

 (4) The Commission may make an order under this subsection varying the award only if the Commission is satisfied that:
 (a) the variation is essential to the maintenance of minimum safety net entitlements; and
 (b) all of the following conditions are met:
 (i) the award as varied would not be inconsistent with decisions of the AFPC;
 (ii) the award as varied would provide only minimum safety net entitlements for employees bound by the award;
 (iii) the award as varied would not be inconsistent with the outcomes (if any) of award simplification and award rationalisation;
 (iv) the making of the variation would not operate as a disincentive to agreement‑making at the workplace level;
 (v) such other requirements prescribed by the regulations (if any) for the purposes of this paragraph have been satisfied.