Document ID: chunk:federal_register_of_legislation:C2004A01222:clause:3_5:p1
Version: federal_register_of_legislation:C2004A01222
Segment Type: clause
Provision Reference: sch 3 cl 5 (pt 1/2)
Character Range: 43157–45885

5  At the end of section 141
Add:

 (5) In deciding whether to declare a term of an award to be a common rule under subsection (1) or (2), the Commission must take into account the following:
 (a) the importance of avoiding overlap of awards and minimising the number of awards applying in relation to particular employers;
 (b) for a declaration under subsection (1)—whether there are other awards applying to work performed in the industry in relation to which the industrial dispute arose, and if so, the extent to which the first‑mentioned award is the most relevant and appropriate award for the work performed in that industry;
 (c) for a declaration under subsection (2)—whether there are other awards applying to work performed in the public sector employment in relation to which the industrial dispute arose, and if so, the extent to which the first‑mentioned award is the most relevant and appropriate award for the work performed in that public sector employment.

 (6) If:
 (a) an application is before the Commission, which if granted, would result in the Commission declaring a term of an award to be a common rule under subsection (1); and
 (b) there is another award applying to work performed in the industry in relation to which the industrial dispute arose;
the Commission may, on application or on its own initiative, declare a term of the other award to be a common rule under subsection (1). This subsection does not limit the Commission's powers under this section.

 (7) If:
 (a) an application is before the Commission, which if granted, would result in the Commission declaring a term of an award to be a common rule under subsection (2); and
 (b) there is another award applying to work performed in the public sector employment in relation to which the industrial dispute arose;
the Commission may, on application or on its own initiative, declare a term of the other award to be a common rule under subsection (2). This subsection does not limit the Commission's powers under this section.

 (8) In deciding whether to exercise the power conferred by subsection (6) or (7), the Commission must take into account the following:
 (a) the matters mentioned in paragraph (5)(a);
 (b) for an exercise of power under subsection (6)—the extent to which the other award mentioned in paragraph (6)(b) is the most relevant and appropriate award for the work performed in the industry concerned;
 (c) for an exercise of power under subsection (7)—the extent to which the other award mentioned in paragraph (7)(b) is the most relevant and appropriate award for the work performed in the public sector employment concerned.

 (9) Without limiting the conditions, exceptions and limitations that can be specified