South Australian Consolidated Acts South Australian Consolidated Acts90—Power to regulate industrial matters by award
(1) The Commission may
make an award about remuneration and other industrial matters 1 .
(2) However—
(a) the
Commission cannot regulate the composition of an employer's workforce except
in relation to the employment of juniors and apprentices; and
(b) if
there is an inconsistency between an award and an enterprise agreement, then,
while the agreement continues in force, the agreement prevails to the extent
of the inconsistency.
(3) The Commission may
provide in an award for remuneration, leave or other conditions of employment
that are more favourable to employees than the standards that apply under Part
1 Division 2.
(4) The Commission may
refrain from hearing, further hearing, or determining an application for an
award binding only one employer or two or more employers who together carry on
a single business or for variation of such an award for so long as the
Commission—
(a)
considers that, in all the circumstances, the parties concerned should try to
negotiate an enterprise agreement to deal with the subject matter of the
application; and
(b) is
not satisfied that there is no reasonable prospect of the parties making such
an agreement.
(5) An award may be
made on a provisional or interim basis.
(6) In making an
award, the Commission is not restricted to the specific relief claimed by the
parties, but may include in the award provisions the Commission considers
necessary or appropriate.
(7) Before the
Commission makes an award, it must take reasonable steps to ensure that all
persons who are to be bound by the award have been given a reasonable
opportunity to appear and be heard before the Commission.
Note—
1 Any of the bodies or persons mentioned in
section 194 may bring an application for the making of an award.