Part 3 National and State decisions

48   What is a National decision?

A National decision is a decision of the Minimum Wage Panel or a Full Bench of Fair Work Australia that generally affects, or is likely to generally affect, the conditions of employment of employees in New South Wales who are subject to the jurisdiction of that panel or body.

49   What is a State decision?

A State decision is a decision of a Full Bench of the Commission that generally affects, or is likely to generally affect, the conditions of employment of employees in New South Wales who are subject to its jurisdiction.

50   Adoption of National decisions

(1)  As soon as practicable after the making of a National decision, a Full Bench of the Commission must give consideration to the decision and, unless satisfied that it is not consistent with the objects of this Act or that there are other good reasons for not doing so, must adopt the principles or provisions of the National decision for the purposes of awards and other matters under this Act.

(2)  A Full Bench of the Commission is to give consideration to the National decision either on application or on its own initiative.

(3)  The principles or provisions of a National decision may be adopted:

(a)  wholly or partly and with or without modification, and

(b)  generally for all awards or other matters under this Act or only for particular awards or other matters under this Act.

(4)  The principles or provisions of a National decision so adopted may be varied by a Full Bench of the Commission, whether or not another National decision is made.

51   Making of State decisions

(1)  A Full Bench of the Commission may, if satisfied that it is consistent with the objects of this Act and that there are good reasons for doing so, make a State decision setting principles or provisions for the purposes of awards and other matters under this Act.

(2)  A Full Bench of the Commission may make a State decision only on the application of a State peak council or on its own initiative.

(3)  A State decision may apply generally to all awards or other matters under this Act or only to particular awards or other matters under this Act.

(4)  The principles or provisions of a State decision may be varied by a Full Bench of the Commission.

52   Variation of awards and other orders on adoption of National decisions or making of State decisions

(1)  A Full Bench of the Commission may, when adopting the principles or provisions of a National decision or making a State decision, make or vary awards , or make other orders, to the extent necessary to give effect to its decision.

(2)  (Repealed)

Note. The adoption of a National decision or the making of a State decision enables the variation of an award to give effect to the decision without the concurrence of the parties to the award (see section 17).