FAIR WORK ACT 1994 - SECT 100
FAIR WORK ACT 1994 - SECT 100
100—Adoption of principles affecting determination of remuneration and
working conditions
(1) SAET may, on its
own initiative, or on the application of—
(a) the
Minister; or
(b) the
United Trades and Labor Council; or
(c) the
South Australian Employers' Chamber of Commerce and Industry Incorporated,
make a declaration adopting in whole or in part, and with or without
modification, principles, guidelines, conditions, practices or procedures
enunciated or laid down in, or attached to, a decision or determination of
Fair Work Australia.
(2) However, a
declaration may only be made if the terms of the declaration are consistent
with the objects of this Act.
(3) A declaration
under this section may be made on the basis that it is to apply in relation to
(and prevail to the extent of any inconsistency with)—
(a)
awards generally; or
(b)
awards generally, other than a specified award or awards; or
(c) a
specified award or awards (and no other awards).
(4) In addition, a
party to an award that is affected by a declaration under this section may,
within 28 days after the declaration is made, apply to SAET to have the award
excluded from the declaration (or a part of the declaration), despite the
operation of subsection (3).
(5) SAET may grant an
application under subsection (4) on such conditions as SAET thinks fit.