sec.251Commission may give directions about wage-related information

### sec.251 Commission may give directions about wage-related information This section applies if the commission is performing any of the following functions under this Act— making an order varying a modern award; certifying an agreement or making a bargaining award; making an order varying a certified agreement or bargaining award, if the variation— relates to equal remuneration for work of equal or comparable value; or otherwise affects wages; making an arbitration determination; making an order under chapter 6 in relation to an industrial dispute, if the order— relates to equal remuneration for work of equal or comparable value; or otherwise affects wages; making an order under chapter 2 , part 5 . In performing the function, the commission may direct any of the relevant parties to obtain and give the commission, at a stated time or within a stated period, wage-related information in relation to the proposed instrument. The direction may require the information to be given by an affidavit— in the form required under the rules; and signed by the party to whom the direction is given. A party to whom a direction is given under subsection (2) must comply with the direction. This subsection is a civil penalty provision. If the president considers exceptional circumstances exist, the president may require the registrar to give the commission a report comparing the proposed instrument mentioned in subsection (1) with the entitlements of the employees who are or will be covered by the proposed instrument. In this section— function includes power. relevant parties means the parties to the proposed instrument mentioned in subsection (1) to which the performance of the function relates. (sec.251-ssec.1) This section applies if the commission is performing any of the following functions under this Act— making an order varying a modern award; certifying an agreement or making a bargaining award; making an order varying a certified agreement or bargaining award, if the variation— relates to equal remuneration for work of equal or comparable value; or otherwise affects wages; making an arbitration determination; making an order under chapter 6 in relation to an industrial dispute, if the order— relates to equal remuneration for work of equal or comparable value; or otherwise affects wages; making an order under chapter 2 , part 5 . (sec.251-ssec.2) In performing the function, the commission may direct any of the relevant parties to obtain and give the commission, at a stated time or within a stated period, wage-related information in relation to the proposed instrument. (sec.251-ssec.3) The direction may require the information to be given by an affidavit— in the form required under the rules; and signed by the party to whom the direction is given. (sec.251-ssec.4) A party to whom a direction is given under subsection (2) must comply with the direction. This subsection is a civil penalty provision. (sec.251-ssec.5) If the president considers exceptional circumstances exist, the president may require the registrar to give the commission a report comparing the proposed instrument mentioned in subsection (1) with the entitlements of the employees who are or will be covered by the proposed instrument. (sec.251-ssec.6) In this section— function includes power. relevant parties means the parties to the proposed instrument mentioned in subsection (1) to which the performance of the function relates. - (a) making an order varying a modern award; - (b) certifying an agreement or making a bargaining award; - (c) making an order varying a certified agreement or bargaining award, if the variation— (i) relates to equal remuneration for work of equal or comparable value; or (ii) otherwise affects wages; - (i) relates to equal remuneration for work of equal or comparable value; or - (ii) otherwise affects wages; - (d) making an arbitration determination; - (e) making an order under chapter 6 in relation to an industrial dispute, if the order— (i) relates to equal remuneration for work of equal or comparable value; or (ii) otherwise affects wages; - (i) relates to equal remuneration for work of equal or comparable value; or - (ii) otherwise affects wages; - (f) making an order under chapter 2 , part 5 . - (i) relates to equal remuneration for work of equal or comparable value; or - (ii) otherwise affects wages; - (i) relates to equal remuneration for work of equal or comparable value; or - (ii) otherwise affects wages; - (a) in the form required under the rules; and - (b) signed by the party to whom the direction is given.