Flow-on of provisions from certified agreements
145 Flow-on of provisions from certified agreements
The commission may, on the application of a party to a modern award, include in the award provisions that are based on a certified agreement only if satisfied the provisions—
are consistent with principles established by the full bench that apply for deciding wages and employment conditions; and
are not contrary to the public interest.
However, the commission must, on the application of a party to a modern award, include in the award provisions that are based on a certified agreement if—
the parties to the certified agreement agree; and
the award applies, or will apply, to the parties to the certified agreement.
The provisions included under subsection (2) must apply only to the parties to the certified agreement.
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