NSWIn ForceAct
Industrial Relations Act 1996
17Variation or rescission of award
Start here
Get a plain-English read of 17
Turn the raw legal text into a practical explanation grounded in Industrial Relations Act 1996.
#### 17 Variation or rescission of award
17 Variation or rescission of award
> > (1) The Commission may vary or rescind an award.
>
> > (2) Sections 11, 13 and 15 apply to any such variation or rescission. The other provisions of this Division continue to apply to the award as varied.
>
> > (3) An award may be varied or rescinded in any of the following circumstances only—
> >
> > > (a) at any time with the mutual consent of all the parties to the making of the original award,
> >
> > > (b) at any time to give effect to a decision of the Full Bench of the Commission under section 50 or 51 (National and State decisions),
> >
> > > (c) during its nominal term if the Commission considers that it is not contrary to the public interest to do so and that there is a substantial reason to do so,
> >
> > > (d) after its nominal term if the Commission considers that it is not contrary to the public interest to do so.
>
> > (4) This section extends to a variation or rescission of an award in the course of an arbitration by the Commission under Chapter 3 to resolve an industrial dispute.
>
> Note.
>
> Section 169 also enables an award to be varied at any time to remove unlawful discrimination.
>
> **s 17:** Am 2010 No 109, Sch 1 \[1\]–\[4\]; 2011 No 68, Sch 1 \[1\]–\[3\].