Western Australian Consolidated Acts Western Australian Consolidated Acts (1) At any time while
an award is in force under this Act the Commission may, on the application of
any employer, organisation, or association bound by the
award —
(a)
declare the true interpretation of the award; and
(b)
where that declaration so requires, by order vary any provision of the award
for the purpose of remedying any defect therein or of giving fuller effect
thereto.
(2) A declaration
under this section may be made in the Commission’s reasons for decision
but shall be made in the form of an order if, within 7 days of the
handing down of the Commission’s reasons for decision, any organisation,
association, or employer bound by the award so requests.
(3) Subject to this
Act, a declaration made under this section is binding on all courts and all
persons with respect to the matter the subject of the declaration.
(4) Section 35
does not apply to or in relation to this section unless an order is made under
subsection (1)(b) or under subsection (2).
(5) In this section
"award" includes an order, including a General Order, made by the Commission
under any provision of this Act other than this section and an industrial
agreement.
[Section 46 amended by No. 94 of 1984
s. 66.]