Preference clauses allowed in certified agreements

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Preference clauses allowed in certified agreements

Last Friday, a Full Bench of the Federal Commission held that the Commission has the power to certify agreements which contain preference clauses.

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Last Friday, a Full Bench of the Federal Commission held that the Commission has the power to certify agreements which contain preference clauses.

The Minister for Industrial Relations, Peter Reith, has responded to the decision by highlighting the inclusion in the recent technical amendments introduced into the Parliament last Thursday of a provision which will require the Commission to refuse to certify agreements which contain preference clauses.

The amendments also provide that the Commission will be required, upon application, to remove preference clauses from established awards and agreements.

The Minister has also promised to keep a record of all certified agreements containing preference clauses which are approved between now and the date when the amendments become law.

A practical problem which may however arise out of the Government’s amendments is that it may act to extend certification hearings.

 

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