Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_26
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 26
Character Range: 924444–926258

26  Boards of reference

 (1) A transitional award may include, in accordance with subclause (2), a term:
 (a) appointing, or giving power to appoint, for the purposes of the award, a board of reference consisting of a person or 2 or more persons; and
 (b) assigning to the board of reference functions as described in subclause (3).

 (2) A term of a transitional award that appoints, or gives power to appoint, a board of reference is taken:
 (a) to continue in effect after the reform commencement, to the extent that it complies with subclause (3); and
 (b) to cease to have effect after the reform commencement, to the extent that it does not comply with subclause (3).

 (3) A term of a transitional award that appoints, or gives power to appoint, a board of reference:
 (a) may confer upon the board of reference an administrative function in respect of allowing, approving, fixing, or dealing with, in the manner and subject to the conditions specified in the award, a matter or thing that, under the award, may from time to time be required to be allowed, approved, fixed, or dealt with; and
 (b) must not confer upon the board of reference a function of settling or determining disputes about any matter arising under the award.

 (4) A function conferred under subclause (3) may relate only to allowable transitional award matters or terms permitted by this Subdivision to be included in the transitional award.

 (5) A board of reference may consist of or include a Commissioner.

 (6) Subject to subclauses (3) and (4), the regulations may make provision in relation to:
 (a) a particular board of reference; or
 (b) boards of reference in general;
including, but not limited to, the functions and powers of the board or boards.

Subdivision D—Terms in transitional awards that cease to have effect