Div 1BSpecial provision relating to trial work

Division 1B—Special provision relating to trial work 98B—Special provision relating to trial work (1) SAET may, by award— (a) determine that a person who undertakes a specified category of work (in any specified circumstances) on a trial basis in an industry, or a sector of an industry, specified by the award with a view to obtaining employment with the person from whom the work is performed is entitled to be paid for that work in accordance with the terms of the award; (b) impose limitations of the performance of work on a trial basis in an industry, or a section of an industry, specified in the award; (c) make any other provision relating to work on a trial basis as SAET thinks fit, if SAET is of the opinion that action under this section is justified in order to prevent the abuse of the performance of work on a trial basis in the relevant circumstances. (2) SAET may, in setting rates of pay with respect to particular work under subsection (1), specify different rates according to the different levels of skill or experience that persons undertaking the work may possess. (3) Subsection (1) does not limit the powers of SAET to make any award under the other provisions of this Act. (4) Subsection (1) applies even though the persons to whom an award will relate will not be employees for the purposes of this Act. (5) A person who is entitled to be paid under an award under this section is entitled to recover the amount that should be paid as if the person were an employee of the person for whom the work was performed. Division 2—Review of awards 99—Triennial review of awards (1) SAET must review each award at least once in every three years. (1a) However, in the case of the first review to be conducted after the commencement of this Act, the period allowed for the review is extended to 31 December 1997. (2) At least 21 days before it begins a review under this section, SAET must give notice of the review— (a) to associations and other persons that appeared in the proceedings in which the award was made; and (b) by notice in a newspaper circulating generally throughout the State. (3) On a review under this section, SAET may vary an award to ensure that the award— (a) is consistent with the objects of this Act; and (b) affects only to the minimum extent necessary the way work is carried out; and (c) leaves the practical application of its provisions to be worked out in the workplace; and (d) is consistent with industrial, technological, commercial and economic developments applicable to the relevant industry; and (e) complies with other requirements prescribed by regulation. (4) If, on review of an award it appears that the award is obsolete, SAET should rescind the award. (5) Before it varies or rescinds an award under this section, SAET must give the parties to the award a reasonable opportunity to make submissions on the proposed action, and take any submissions made by the parties into consideration.