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INDUSTRIAL RELATIONS ACT 1996 - SECT 17
Variation or rescission of award
17 Variation or rescission of award
(1) The Commission may vary or rescind an award.
(2) Sections 11, 13 and 15
apply to any such variation or rescission. The other provisions of this
Division continue to apply to the award as varied.
(3) An award may be varied
or rescinded in any of the following circumstances only-- (a) at any time with
the mutual consent of all the parties to the making of the original award,
(b) at any time to give effect to a decision of the Full Bench of the
Commission under section 50 or 51 (National and State decisions),
(c) during
its nominal term if the Commission considers that it is not contrary to the
public interest to do so and that there is a substantial reason to do so,
(d)
after its nominal term if the Commission considers that it is not contrary to
the public interest to do so.
(4) This section extends to a variation or
rescission of an award in the course of an arbitration by the Commission under
Chapter 3 to resolve an industrial dispute.
Note : Section 169 also enables
an award to be varied at any time to remove unlawful discrimination.
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