Commonwealth Numbered Acts

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INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 187

Cancellation and suspension of awards and orders
187. (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) 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) Where 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 or an award or an order
        of the Commission;

   (b)  that a substantial number of the members of an organisation refuse to
        accept employment either at all or in accordance with existing awards
        and orders; or

   (c)  that for any other reason an award or an order of the Commission
        should be suspended or cancelled in whole or part; the Full Bench may,
        subject to such conditions as it considers appropriate, cancel, or
        suspend for such period as it considers appropriate, all or any of the
        terms of an award or an order of the Commission.

(5) The Full Bench may also make such other orders as it considers appropriate
in relation to the operation of:

   (a)  if the Full Bench cancels or suspends the award or order on a ground
        referred to in paragraph (4) (a) or (b) - any other award or order to
        which the organisation is a party; 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 a party to the cancelled or
               suspended award or order; or

        (ii)   persons eligible to be members of such an organisation.

(6) The cancellation 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;

   (b)  a particular branch of an organisation;

   (c)  a particular class of members of an organisation; or

   (d)  a particular locality. 


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