Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_44q
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 44Q
Character Range: 67955–70059

44Q  Revocation and suspension of awards and orders

 (1) An organisation, a person interested or the Minister may apply to the President, and a member of the Commission or a Registrar may refer a matter to the President, for action by a Full Bench under this section.

 (2) If an application is made to the President under subsection (1), the President must establish a Full Bench to hear and determine the application.

 (3) If a matter is referred to the President under subsection (1), the President may establish a Full Bench to hear and determine the matter.

 (4) If it appears to the Full Bench:
 (a) that an organisation has contravened this Act, the Registration and Accountability of Organisations Schedule or an award or order of the Commission; or
 (b) that a substantial number of the members of an organisation refuse to accept employment either at all or in accordance with existing awards or orders; or
 (c) that for any other reason an award or order should be suspended or revoked in whole or part;
the Full Bench may, subject to such conditions as it thinks appropriate, make an order revoking, or suspending for such period as it thinks appropriate, the award or order or any of the terms of the award or an order.

 (5) The Full Bench may also make such other orders as it thinks appropriate in relation to the operation of:
 (a) if the Full Bench revokes or suspends an award or order on a ground referred to in paragraph (4)(a) or (b)—any other award or order that binds the organisation; or
 (b) in any other case—any other award or order that applies in relation to the employment of:
 (i) members of an organisation that is bound by the revoked or suspended award or order; or
 (ii) persons eligible to be members of such an organisation.

 (6) The revocation or suspension of all or any of the terms of an award or order may be expressed to apply only in relation to:
 (a) a particular organisation or person bound by the award or order; or
 (b) a particular branch of an organisation; or
 (c) a particular class of members of an organisation; or
 (d) a particular locality.