INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 117 Certified agreements may be varied, set aside, terminated etc.

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 117

117. (1) At any time while a certified agreement is in force, the Minister may
apply to the President for a review by a Full Bench of the operation of the
agreement.

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

(3) If the Full Bench finds that the continued operation of the certified
agreement is contrary to the public interest, the Full Bench may, by order,
set aside or vary the agreement.

(4) The Full Bench shall not set aside or vary the certified agreement under
subsection (3) without giving the parties to the agreement an opportunity to
be heard.

(5) Where a party to a certified agreement engages in industrial action in
relation to a matter dealt with in the agreement, another party who is
affected by the industrial action may apply to the Commission for a
declaration that the party is no longer bound by the agreement.

(6) The Commission may, on application under subsection (5) by a party to a
certified agreement, by order, declare that the party is no longer bound by
the agreement if the Commission is satisfied that the making of the
declaration is in the public interest.

(7) A party to a certified agreement may, with the consent of all the relevant
parties, give the Commission written notice stating that the party does not
want to remain bound by the agreement.

(8) All the parties to a certified agreement may jointly give the Commission
written notice stating that they want the agreement to be terminated.

(9) Where a notice is given to the Commission under subsection (7) or (8), the
Commission may, if it is satisfied that it would be in the public interest for
the party to be no longer bound or for the certified agreement to be
terminated, as the case may be, by order, make a declaration to that effect.

(10) In this section:

"relevant party", in relation to a certified agreement, means:

   (a)  in relation to a party to the agreement that is an employer or an
        organisation of employers - a party that is an organisation of
        employees; or

   (b)  in relation to a party to the agreement that is an organisation of
        employees - a party that is an employer or an organisation of
        employers.