South Australian Current Acts

FAIR WORK ACT 1994 - SECT 90

90—Power to regulate industrial matters by award

        (1)         SAET may make or vary an award about remuneration and other industrial matters ¹ .

        (2)         However—

            (a)         SAET cannot regulate the composition of an employer's workforce except in relation to the employment of juniors and apprentices; and

            (b)         if there is an inconsistency between an award and an enterprise agreement, then, while the agreement continues in force, the agreement prevails to the extent of the inconsistency.

        (3)         SAET may provide in an award for remuneration, leave or other conditions of employment that are more favourable to employees than the standards that apply under Part 1 Division 2.

        (4)         SAET may refrain from hearing, further hearing, or determining an application for an award binding only one employer or two or more employers who together carry on a single business or for variation of such an award for so long as SAET—

            (a)         considers that, in all the circumstances, the parties concerned should try to negotiate an enterprise agreement to deal with the subject matter of the application; and

            (b)         is not satisfied that there is no reasonable prospect of the parties making such an agreement.

        (5)         An award may be made or varied on a provisional or interim basis.

        (6)         In making or varying an award, SAET is not restricted to the specific relief claimed by the parties, but may include in the award provisions SAET considers necessary or appropriate.

        (7)         Before SAET makes or varies an award, it must take reasonable steps to ensure that all persons who are to be bound by the award have been given a reasonable opportunity to appear and be heard before SAET.