Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_29
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 29
Character Range: 927192–929560

29  Variation of transitional awards—dealing with industrial dispute

 (1) In preventing or settling an industrial dispute, or maintaining the settlement of an industrial dispute, the Commission's power to vary a transitional award is limited to varying the award:
 (a) to provide minimum safety net entitlements about the matters referred to in subclause (2); and
 (b) to do anything that the Commission is permitted to do by regulations made under subclause (3); and
 (c) to include incidental and machinery terms, as permitted by clause 24, relating to the matters that may be varied.

 (2) For the purposes of subclause (1), the matters are:
 (a) rates of pay generally (such as hourly rates and annual salaries), rates of pay for juniors and transitional employees to whom training arrangements apply, and rates of pay for transitional employees under the supported wage system;
 (b) incentive‑based payments, piece rates and bonuses;
 (c) annual leave loadings;
 (d) monetary allowances described in paragraph 17(1)(j);
 (e) loadings for working overtime or for casual or shift work;
 (f) penalty rates;
 (g) pay for outworkers;
 (h) any other allowable transitional award matter prescribed by the regulations.

Note: The Commission must have regard to the matters referred to in clauses 8 and 9 in exercising its functions under this clause.

 (3) If the Commission considers it appropriate to vary a transitional award in respect of rates of pay for part‑time transitional employees, junior transitional employees or transitional employees to whom training arrangements apply, the Commission may, if it considers it appropriate, also vary the application of the terms of the award to those employees in accordance with the regulations.

 (4) Regulations under subclause (3) may specify:
 (a) the matters in respect of which a transitional award may be varied as mentioned in that subclause, which must be matters referred to in subclause 17(1); and
 (b) the circumstances in which a transitional award may be varied as mentioned in that subclause.

Example: For example, regulations under subclause (4) could permit the Commission to vary a transitional award, if it considers it appropriate, to ensure that certain conditions to which a part‑time transitional employee is entitled are determined in proportion to the hours worked by the part‑time employee.