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Industrial Relations Act 2016
sec.145Flow-on of provisions from certified agreements
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### sec.145 Flow-on of provisions from certified agreements
The commission may, on the application of a party to a modern award, include in the award provisions that are based on a certified agreement only if satisfied the provisions—
are consistent with principles established by the full bench that apply for deciding wages and employment conditions; and
are not contrary to the public interest.
However, the commission must, on the application of a party to a modern award, include in the award provisions that are based on a certified agreement if—
the parties to the certified agreement agree; and
the award applies, or will apply, to the parties to the certified agreement.
The provisions included under subsection (2) must apply only to the parties to the certified agreement.
(sec.145-ssec.1) The commission may, on the application of a party to a modern award, include in the award provisions that are based on a certified agreement only if satisfied the provisions— are consistent with principles established by the full bench that apply for deciding wages and employment conditions; and are not contrary to the public interest.
(sec.145-ssec.2) However, the commission must, on the application of a party to a modern award, include in the award provisions that are based on a certified agreement if— the parties to the certified agreement agree; and the award applies, or will apply, to the parties to the certified agreement.
(sec.145-ssec.3) The provisions included under subsection (2) must apply only to the parties to the certified agreement.
- (a) are consistent with principles established by the full bench that apply for deciding wages and employment conditions; and
- (b) are not contrary to the public interest.
- (a) the parties to the certified agreement agree; and
- (b) the award applies, or will apply, to the parties to the certified agreement.