Industrial Arbitration (Adjustment of Awards) Amendment Act 1988 (NSW)
INDUSTRIAL ARBITRATION (ADJUSTMENT OF
AWARDS) AMENDMENT ACT 1988 No. 53
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Amendment of Industrial Arbitration Act 1940 No. 2
SCHEDULE 1—AMENDMENTS
INDUSTRIAL ARBITRATION (ADJUSTMENT OF AWARDS)
AMENDMENT ACT 1988 No. 53
NEW SOUTH WALES
Act No. 53, 1988
An Act to amend the Industrial Arbitration Act 1940 to provide for the adjustment of awards following certain decisions of the Australian Conciliation and Arbitration Commission; and for other purposes. [Assented to 26 October 1988]
2 Act No. 53
Industrial Arbitration (Adjustment of Awards) Amendment 1988
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Industrial Arbitration (Adjustment of
Awards) Amendment Act 1988.
Commencement
2. This Act commences on a day or days to be appointed by
proclamation.
Amendment of Industrial Arbitration Act 1940 No. 2
The Industrial Arbitration Act 1940 is amended as set out in Schedule
1.
SCHEDULE 1—AMENDMENTS
(Sec. 3)
(1) Section 23A (Committee's powers in fixing wages)—
After "Act" where firstly occurring, insert "(except section 57)".
(2) Section 53 (Definitions)—
Section 53 (1)—
After the definition of "Commonwealth Conciliation and
Arbitration Commission", insert:"Commonwealth decision" means a decision of the Australian Conciliation and Arbitration Commission that generally affects, or is likely to generally affect—
(a) the wages or other remuneration; or
(b) the working conditions,of employees in New South Wales who are subject to its
awards.
(3) Section 57 (National wage decisions)—
(a) Section 57 (1)—
Omit the subsection, insert instead:(1) As soon as practicable after the making of a Commonwealth decision, the commission in court session shall, on application or of its own motion, give consideration to the decision and shall, unless satisfied that there are good reasons not to do so, order—
(a)
for the purposes of awards and orders under this Act, the adoption, wholly or partly and with or without
Industrial Arbitration (Adjustment of Awards) Amendment 1988
SCHEDULE 1— AMENDMENTS—continued (b)
the variation of such awards and orders to give effect to the adoption.
(b) Section 57 (2)— Omit "a determination pursuant to subsection (1), it shall direct the amount (if any), being not greater than the amount determined pursuant to that subsection,", insert instead "an order under subsection (1), it shall direct the amount (if any)".
(c) Section 57 (2)—
Omit "the determination", insert instead "the order".(d) Section 57 (2)— After "varied", insert "in order to achieve consistency with the order".
(e) Section 57 (3) (a)— Omit the paragraph. (f) Section 57 (4)—
Omit "subsection (1)", insert instead "this section".(g) Section 57 (5)—
Omit "subsection (4)", insert instead "this section",(h) Section 57 (5)—
Omit "determination has been made by the commission in court session under subsection (1)", insert instead "order has been made under subsection (1)".
(i) Section 57 (5)—
Omit "such determination", insert instead "the order",(j) Section 57 (6), (7)—
After section 57 (5), insert:(6) While an order under subsection (1) is in force—
(a) an award or a variation of an award; or
4 Act No. 53
Industrial Arbitration (Adjustment of Awards) Amendment 1988
SCHEDULE 1— AMENDMENTS—continued (b)
an order under this Act, other than an order by the commission in court session amending or revoking the order under subsection (1),
may not be made in such a way as to be inconsistent with the
order under subsection (1).
(7) In this section, "award" includes a determination of a
contract regulation tribunal.
[Minister's second reading speech made in—
Legislative Assembly on 14 September 1988
Legislative Council on 12 October 1988]
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