WORKPLACE RELATIONS ACT 1996 - SECT 558 Application to be bound by an award--agreement between employer and employees

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 558

             (1)  An employer may apply to the Commission for an order varying a specified award to bind the employer and a specified class or specified classes of employees of the employer.

             (2)  If an application is made under subsection (1), the Commission must take such steps as it thinks appropriate to ensure that each employer, employee and organisation bound by the award is made aware of the application.

             (3)  The Commission may make an order varying the award as specified in the application if it is satisfied that:

                     (a)  a valid majority of the employees of the employer who would be bound by the award support the application; and

                     (b)  the award is appropriate to regulate the terms and conditions of employment of those employees; and

                     (c)  the employer is not already bound by an award that regulates the terms and conditions of employment of those employees.

             (4)  The Commission may make the order without holding a hearing unless the Commission considers that it cannot be satisfied of the matters referred to in paragraphs (3)(a) and (b) based on the information provided.