Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_118j
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 118J
Character Range: 514995–516247

118J  Variation of awards as part of award rationalisation

 (1) The Commission may make an order varying an award to give effect to the outcome of an award rationalisation process.

 (2) The Commission must not vary an award under this section in such a way that the award includes a term that may not be included in the award because of the operation of Division 2.

 (3) If the Commission varies an award under this section, the Commission must include in the award a term providing for regular part‑time employment, unless such a term is already included in the award.

Note: Clauses 15.3.1 to 15.3.5 of the Hospitality Industry—Accommodation, Hotels, Resorts and Gaming Award 1998 provide a model (see the Award Simplification Decision at P7500).

 (4) If the Commission varies an award under this section, it must specify the additional employers, employees and organisations (if any) bound by the award.

Note: An award may also be varied to bind eligible entities and employers under Division 6A.

 (5) For the purposes of subsection (4), employers, employees and organisations must be specified in the same manner, and subject to the same limitations, as provided in subsections 118I(2) to (6) in relation to awards made under section 118E.