Western Australian Consolidated Acts Western Australian Consolidated Acts (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.]