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Industrial Relations Act 2016
sec.459AProvision about general ruling for State wage case
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### sec.459A Provision about general ruling for State wage case
This section applies if—
the commission makes a general ruling under section 458 (1) (a) that increases the wages payable to employees under 1 or more awards; and
applying the increase to the wages payable to employees, or a class of employees, under a particular award would result in the wages payable to the employees under the award equalling or exceeding the wages payable to employees in relation to the same employment under—
a certified agreement or arbitration determination; or
a directive under the Public Sector Act 2022 .
Without limiting section 459 (2) , the ruling may provide that the increase does not apply to the wages payable to the employees, or the class of employees, under the award.
s 459A ins 2022 No. 27 s 43
amd 2022 No. 34 s 365 sch 3
(sec.459A-ssec.1) This section applies if— the commission makes a general ruling under section 458 (1) (a) that increases the wages payable to employees under 1 or more awards; and applying the increase to the wages payable to employees, or a class of employees, under a particular award would result in the wages payable to the employees under the award equalling or exceeding the wages payable to employees in relation to the same employment under— a certified agreement or arbitration determination; or a directive under the Public Sector Act 2022 .
(sec.459A-ssec.2) Without limiting section 459 (2) , the ruling may provide that the increase does not apply to the wages payable to the employees, or the class of employees, under the award.
- (a) the commission makes a general ruling under section 458 (1) (a) that increases the wages payable to employees under 1 or more awards; and
- (b) applying the increase to the wages payable to employees, or a class of employees, under a particular award would result in the wages payable to the employees under the award equalling or exceeding the wages payable to employees in relation to the same employment under— (i) a certified agreement or arbitration determination; or (ii) a directive under the Public Sector Act 2022 .
- (i) a certified agreement or arbitration determination; or
- (ii) a directive under the Public Sector Act 2022 .
- (i) a certified agreement or arbitration determination; or
- (ii) a directive under the Public Sector Act 2022 .