Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_40
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 40
Character Range: 940687–941871

40  Principles for varying transitional awards

 (1) A Full Bench of the Commission may establish principles about varying transitional awards in relation to each allowable transitional award matter referred to in subclause 29(2).

 (2) After such principles (if any) have been established under subclause (1), the power of the Commission to vary a transitional award in relation to a matter referred to in subclause 29(2) is exercisable only by a Full Bench unless the variation:
 (a) gives effect to orders of a Full Bench made after the reform commencement; or
 (b) is consistent with principles established by a Full Bench after that day.

 (3) The President or a Full Bench may, in relation to the exercise of powers under this clause, direct a member of the Commission to provide a report in relation to a specified matter.

 (4) After making such investigation (if any) as is necessary, the member must provide a report to the President or Full Bench, as the case may be.

 (5) To avoid doubt, principles established under subclause (1) must be consistent with, and cannot be such as to override, a provision of this Act that relates to the variation of transitional awards.