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Thursday, 9 December 1993
Page: 4356

  Clause 27.

  Amendment (by Senator McMullan) agreed to:

(7)Clause 27, line 37 (page 27) to line 4 (page 28) omit the clause, substitute the following clause:

  "27. Section 95 of the Principal Act is repealed and the following section is substituted:

No automatic flow-on of terms of certain awards and agreements

  `95.(1) The Commission does not have power:

    (a)to include terms in an award that are based on the terms of a certified agreement or of an enterprise flexibility agreement; or

    (b)to include terms in an award that are based on the terms of a paid rates award;

unless the Commission is satisfied that including the terms in the award:

    (c)would not be inconsistent with principles established by a Full Bench that apply in relation to determining wages and conditions of employment; and

    (d)would not be otherwise contrary to the public interest.

  `(2) In this section:

"award" does not include a certified agreement or an enterprise flexibility agreement.'.".

  Clause 27, as amended, agreed to.

  Clause 28.