Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_119
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 119
Character Range: 520908–522087

119  Variation of awards—general

 (1) The Commission must not make an order varying an award except:
 (a) as a result of an award rationalisation process; or
 (b) as a result of an award simplification process; or
 (c) if the variation is essential to the maintenance of minimum safety net entitlements (see section 119A); or
 (d) on a ground set out in section 119B; or
 (e) to bind additional employers, employees or organisations in accordance with section 120; or
 (f) under section 273; or
 (g) in circumstances prescribed by the regulations for the purposes of this paragraph.

Note: The variation that the Commission can make as a result of an award rationalisation process is affected by sections 117F and 118P.

 (2) The Commission must not vary a preserved award term.

 (3) The Commission must not vary a facilitative provision within the meaning of section 116H except:
 (a) as a result of an award rationalisation process; or
 (b) as a result of an award simplification process; or
 (c) on a ground set out in section 119B.

 (4) The Commission must not vary a term taken to be included in an award by section 116A (which deals with dispute settling procedures).