Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The Secretary, an employer or an organization with members subject to an award may apply to the President for a declaration on how any provision of that award is to be interpreted.
(1A) On receipt of an application under subsection (1), the President must –
(a) declare, retrospectively or prospectively, how the provision of the award is to be interpreted and, if the declaration so requires, by order, vary any provision of the award to remedy any defect in it or give full effect to it; or
(b) if satisfied that a declaration under paragraph (a) would be inappropriate, by order, direct that an application to vary the award be made to clarify the provision of the award in respect of which the application was made.
(2) The President shall cause notice of an application made to him under this section –
(a) by the Secretary to be served on every organization with members subject to the relevant award; or
(b) by an organization or employer to be served on every other organization with members subject to the relevant award and on the Secretary.
(2A) A notice under subsection (2) with respect to an application shall state –
(a) the matter to which the application relates; and
(b) the time and place at which the President will conduct a hearing on the application.
(3) The President shall conduct a hearing on an application made to him under this section and there are entitled to be heard –
(a) the Secretary and every organization with members subject to the relevant award, in the case of an application made by the Secretary; or
(b) the organization or employer making the application, every other organization with members subject to the relevant award, and the Secretary, in the case of any other application.
(4) A declaration under this section may be made of the President's reasons for his decision but shall be made in the form of an order if, within 7 days of the handing down of the President's reasons for his decision, an organization with members subject to the relevant award or the Secretary so requests.
(5) A declaration under this section shall be lodged in the office of the Registrar and shall be filed by the Registrar with the award to which it relates.
(6) The provisions of section 37(2)(a) and (b) and (7) apply, with the necessary modifications, to a declaration under this section as if it were an award.
(7) Subject to this Act, a declaration made under this section is binding on all courts and all persons with respect to the matter the subject of the declaration.