Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 40A

40A .         Incorporation of industrial agreement provisions into awards by consent

        (1)         If —

            (a)         an award extends to employees to whom an industrial agreement extends;

            (b)         a named party to the award who is also a party to the agreement applies to the Commission for the incorporation of some or all of the provisions of the agreement into the award; and

            (c)         each other party to the agreement consents to the incorporation of those provisions into the award,

                the Commission shall by order vary the award by incorporating those provisions of the agreement into the award, but the variation shall be expressly limited to the employees and employers to whom the agreement extends.

        (2)         This section does not limit the operation of section 40 and that section applies to any application or order made under this section.

        [Section 40A inserted by No. 20 of 2002 s. 118.]