Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 40B

40B .         Power to vary awards to reflect statutory and other requirements, to promote efficiency and to facilitate implementation

        (1)         The Commission, of its own motion, may by order at any time vary an award for any one or more of the following purposes —

            (a)         to ensure that the award does not contain wages that are less than the minimum award wage as ordered by the Commission under section 50A;

            (b)         to ensure that the award does not contain conditions of employment that are less favourable than those provided by the MCE Act;

            (c)         to ensure that the award does not contain provisions that discriminate against an employee on any ground on which discrimination in work is unlawful under the Equal Opportunity Act 1984 ;

            (d)         to ensure that the award does not contain provisions that are obsolete or need updating;

            (e)         to ensure that the award is consistent with the facilitation of the efficient organisation and performance of work according to the needs of an industry and enterprises within it, balanced with fairness to the employees in the industry and enterprises.

        (2)         The Commission shall not make an order under this section until it has given notice to the named parties to the award and the Council, the Chamber, the Mines and Metals Association and the Minister and afforded them an opportunity to be heard in relation to the proposed variations.

        (3)         The Commission shall cause a copy of an order made under this section to be —

            (a)         given to the named parties to the award and to the Council, the Chamber, the Mines and Metals Association and the Minister; and

            (b)         published in the required manner.

        (4)         Section 39 applies to and in relation to an order made under this section —

            (a)         as if the reference in section 39(3) to the date on which an application was lodged in the Commission were a reference to the date on which notice was first given under subsection (2); and

            (b)         with such other modifications as are necessary.

        (5)         This section does not prevent or affect the making of an application under section 40 to vary an award for a purpose mentioned in subsection (1).

        [Section 40B inserted by No. 20 of 2002 s. 118; amended by No. 36 of 2006 s. 12.]

        [Heading inserted by No. 20 of 2002 s. 130.]