South Australian Consolidated Acts

FAIR WORK ACT 1994 - SECT 99

99—Triennial review of awards

        (1)         The Commission must review each award at least once in every three years.

        (1a)         However, in the case of the first review to be conducted after the commencement of this Act, the period allowed for the review is extended to 31 December 1997.

        (2)         At least 21 days before it begins a review under this section, the Commission must give notice of the review—

            (a)         to associations and other persons that appeared in the proceedings in which the award was made; and

            (b)         by notice in a newspaper circulating generally throughout the State.

        (3)         On a review under this section, the Commission may vary an award to ensure that the award—

            (a)         is consistent with the objects of this Act; and

            (b)         affects only to the minimum extent necessary the way work is carried out; and

            (c)         leaves the practical application of its provisions to be worked out in the workplace; and

            (d)         is consistent with industrial, technological, commercial and economic developments applicable to the relevant industry; and

            (e)         complies with other requirements prescribed by regulation.

        (4)         If, on review of an award it appears that the award is obsolete, the Commission should rescind the award.

        (5)         Before it varies or rescinds an award under this section, the Commission must give the parties to the award a reasonable opportunity to make submissions on the proposed action, and take any submissions made by the parties into consideration.