5AReview of exemptions

5A Review of exemptions

5A Review of exemptions

(1) In this section, exemption means an exemption granted under section 5 (2) (a).

(2) Unless sooner revoked, an exemption granted after the commencement of this section remains in force for the period of 3 years from the date on which it is granted or for such shorter period as the Industrial Relations Commission specifies when granting it, but it may be extended by the Commission from time to time for a further period or further periods of 3 years or such shorter period or periods as the Commission specifies when extending it.

(3) The Industrial Relations Commission may review any exemption—

(a) of its own motion, after causing a notice to be served on such persons as appear to be appropriate in the circumstances stating that the Commission requires them to show cause why the exemption should not be varied or revoked on the ground that the benefits provided by this Act are more favourable than those then applying,

(b) on application by an industrial organisation of employees within the meaning of the Industrial Relations Act 1996, or by an employer, affected by the exemption, or

(c) at the request of the Minister or following a report by the Industrial Registrar.

(4) After reviewing an exemption, the Industrial Relations Commission may confirm the exemption, vary the terms of the exemption or any condition subject to which the exemption was granted, or revoke the exemption.

s 5A: Ins 1986 No 25, Sch 1 (2). Am 1991 No 34, Sch 3; 1996 No 121, Sch 4.37 [5].