PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) ACT 2006 (NO 15 OF 2006) - SECT 12 Procedure for determining designated preserved award

PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) ACT 2006 (NO 15 OF 2006) - SECT 12

    (1)     For the purposes of this Part, if—

        (a)     a public sector employer or a trade union proposes to make a workplace agreement; and

        (b)             there is no relevant award in relation to some or all of the employees to whom the agreement will apply—

    the employer or trade union must apply in writing to the WRA for a determination under sub-section (2).

    (2)         On an application under sub-section (1), the WRA must determine that a preserved award or preserved awards are appropriate for the purpose of deciding whether the agreement passes the fairness test and inform the applicant and the public sector employer (if the applicant is not the employer) in writing of the determination     .

    (3)     For the purposes of sub-section (2),     the WRA must determine     a preserved award that is, or preserved awards that are, appropriate having regard to the kind of work performed or to be performed by employees under the proposed workplace agreement and any other matter that the WRA considers relevant.