37Signature, operation and lodging of awards, &c.

### 37 Signature, operation and lodging of awards, &c. > > (1)  *\[Section 37 Subsection (1) amended by No. 105 of 1984, s. 9 \]*An award shall be made by the Commission when it is signed by one of the Commissioners, or the Commissioner, constituting the Commission who heard and determined the proceedings to which the award relates. > > > (2)  *\[Section 37 Subsection (2) amended by No. 59 of 1992, s. 27 \]*Where an award is made by the Commission, it shall immediately be lodged by the Commission in the office of the Registrar, and the Registrar shall cause – > > > > > > (a) the organizations who were parties to the proceedings to which the award relates, the Minister, and the Secretary to be given notice in writing that the award has been made and each of them to be provided with a copy of the award; and > > > > > > > (b) a notice of the making of the award to be notified in the *Gazette* and the award to be printed and published by the Government Printer. > > > (3)  The Commission shall – > > > > > > (a) make a written statement of the reasons for its decision in respect of the provisions contained in an award or for its refusal to make an award; and > > > > > > > (b) lodge that statement in the office of the Registrar at the same time as it lodges in that office the award to which the statement relates or, if it is not practicable to lodge the statement at that time, within 7 days after the award is so lodged. > > > (4)  Subject to this section, the provisions of an award have effect on and from the date on which the award is made or on such later date or dates as the Commission determines and as is or are respectively specified in the award. > > > (5)  The Commission may, in an award, give retrospective effect to the whole or any part of the award – > > > > > > (a) if and to the extent that the parties to the award so agree; or > > > > > > > (b) if, in the opinion of the Commission, there are special circumstances that make it fair and right to do so. > > > (6)  *\[Section 37 Subsection (7) omitted by No. 59 of 1992, s. 27 \]*.  .  .  .  .  .  .  .   > > > (7)  An award lodged in the office of the Registrar may, during office hours, be inspected, free of charge, by a person who is interested in, or affected by, the award. > > > (8)  A statement of reasons referred to in [subsection (3)](#GS37@Gs3@EN) lodged in the office of the Registrar may, during office hours, be inspected, free of charge, by a person who is interested in, or affected by, the award to which the statement relates and such a person may obtain a copy of the statement free of charge. > > > (9)  Where the Commission refuses to make an award, it shall cause notice in writing of its refusal to be served on the applicant for the award.