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INDUSTRIAL RELATIONS ACT 1984 - SECT 39 Validity of awards, &c.

INDUSTRIAL RELATIONS ACT 1984 - SECT 39

Validity of awards, &c.

(1)  An award shall not be void or in any way vitiated by reason merely of any informality or error of form, or the failure to comply with any of the matters required by this Act as preliminary to the making of the award.
(2)  The Commissioners or a Commissioner shall not sign an award unless it appears to them or him that the provisions of the award are in accordance with this Act.
(3)  A person who wishes to challenge or dispute an award on account of the illegality of the award may apply to the Supreme Court, by motion supported by affidavit, for an order nisi calling on the Commission to show cause why the award should not be quashed, in whole or in part.
(4)  On the return of an order nisi referred to in subsection (3) , the Supreme Court may discharge the order or make it absolute with or without costs.
(5)  An award shall not be challenged or disputed for illegality otherwise than in accordance with this section.