Section 72: Award and its effects

72. Award and its effects (1) An award of the Tribunal shall be published in the Gazette and shall— (a) state the parties to whom the award applies; (b) state the reasons for the award; (c) be binding on all the parties to whom the award applies; (d) take effect— (i) on the date of its publication in the Gazette; or (ii) if it is expressed to have retrospective effect, on the date specified in the award; and (e) in respect of an award under sections 56 (5) and 70 (1) and (3), be an implied term of every contract of employment between workers and employers to whom the award applies. (2) An award, other than an award under Part VIIIA of the Employment Rights Act, which is in force may be varied through negotiations between parties when there is a change in circumstances. (3) Where a party to an award which is in force refuses a variation of the award, the other party may apply to the Tribunal for a variation of the award and the Tribunal, on hearing the parties, shall vary the award if it is satisfied that there has been, since the making of the award, a change in circumstances justifying the variation. (4) An application made under subsection (3) shall be determined within 60 days of the date of receipt of the application. (5) An award under sections 56 (5) and 70 (1) shall not contain any provision inconsistent with any enactment, other than Remuneration Regulations, relating to the terms or conditions of, or affecting, employment, and any such provision shall, to the extent of the inconsistency, be void. [S. 72 amended by s. 24 of Act 5 of 2013 w.e.f. 11 June 2013.] E9A – 41 [Issue 9] (cid:3) Employment Relations Act (cid:3)