FAIR WORK ACT 1994 - SECT 90
FAIR WORK ACT 1994 - SECT 90
90—Power to regulate industrial matters by award
(1) SAET may make an
award about remuneration and other industrial matters 1 .
(2) However—
(a) SAET
cannot regulate the composition of an employer's workforce except in relation
to the employment of juniors and apprentices; and
(b) if
there is an inconsistency between an award and an enterprise agreement, then,
while the agreement continues in force, the agreement prevails to the extent
of the inconsistency.
(3) SAET may provide
in an award for remuneration, leave or other conditions of employment that are
more favourable to employees than the standards that apply under Part 1
Division 2.
(4) SAET may refrain
from hearing, further hearing, or determining an application for an award
binding only one employer or two or more employers who together carry on a
single business or for variation of such an award for so long as SAET—
(a)
considers that, in all the circumstances, the parties concerned should try to
negotiate an enterprise agreement to deal with the subject matter of the
application; and
(b) is
not satisfied that there is no reasonable prospect of the parties making such
an agreement.
(5) An award may be
made on a provisional or interim basis.
(6) In making an
award, SAET is not restricted to the specific relief claimed by the parties,
but may include in the award provisions SAET considers necessary or
appropriate.
(7) Before SAET makes
an award, it must take reasonable steps to ensure that all persons who are to
be bound by the award have been given a reasonable opportunity to appear and
be heard before SAET.
Note—
1 Any of the bodies or persons mentioned in
section 194 may bring an application for the making of an award.