Western Australian Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1979 - SECT 42K

42K .         Term of enterprise order

        (1)         Subject to this section, an enterprise order operates for the term specified in the order.

        (2)         An enterprise order must provide for the day on which it expires which cannot be more than 2 years from and including the day on which it comes into operation.

        (3)         An enterprise order is not to be varied by the Commission unless all of the persons specified in the order under section 42J(5) consent to the variation.

        (4)         The Commission is not to make an award or another enterprise order in substitution for an enterprise order unless the term of the enterprise order has expired.

        (5)         The Commission is not to register an industrial agreement in substitution for an enterprise order unless —

            (a)         the application to the Commission to register the industrial agreement is made by each of the persons specified in the order under section 42J(5); or

            (b)         the term of the enterprise order has expired.

        (6)         The Commission is not to cancel an enterprise order unless an industrial agreement has been registered, or an award or order has been made, in substitution for that enterprise order.

        (7)         Despite the expiry of an enterprise order, the enterprise order continues in force in respect of all the persons specified in the order under section 42J(5) until a new industrial agreement, enterprise order or an award, in substitution for the enterprise order, has been made or registered as the case requires.

        [Section 42K inserted by No. 20 of 2002 s. 133.]



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