Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsections (2), (3) and (4) and to sections 29A and 38, the
Commission may by order at any time vary an award.
(2) An application to
the Commission to vary an award may be made by any organisation or association
named as a party to the award or employer bound by the award.
(3) Where an award or
any provision thereof is limited as to its duration the
Commission —
(a) may,
subject to such conditions as it considers fit, reserve to any party to the
award liberty to apply to vary the award or that provision, as the case may
be;
(b)
shall not, within the specified term, vary the award or that provision, as the
case may be, unless and to the extent that —
(i)
it is satisfied that, by reason of circumstances which
have arisen since the time at which the specified term was fixed, it would be
inequitable and unjust not to do so;
(ii)
on an application made under paragraph (a), it is
satisfied that it is fair and right so to do; or
(iii)
the parties to the award agree that the award or
provision should be varied;
and
(c) may
within the specified term cancel the award if the parties to the award agree
that it be cancelled.
(4) Section 39
applies, with such modifications as are necessary, to and in relation to an
order made under this section.
[Section 40 amended by No. 94 of 1984
s. 66.]