91Referral of substantiated claims to Industrial Commission

91 Referral of substantiated claims to Industrial Commission

(1)  If, after an inquiry, the Tribunal finds that a complaint relating to an award, enterprise agreement or industrial agreement is substantiated, it is to refer the award or agreement to the Industrial Commission or the Enterprise Commissioner, as appropriate, together with a report on its findings.

(2)  The Industrial Commission or Enterprise Commissioner is to set aside or vary the terms of the award, enterprise agreement or industrial agreement that gave rise to the complaint, unless it is in the public interest not to do so.