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Section 73: Extension of award to another employer

Employment Relations Act · PART VI: LABOUR DISPUTES AND DISPUTE SETTLEMENT PROCEDURES

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

73. Extension of award to another employer (1) Subject to subsection (2), where an award which governs the terms and conditions of employment in respect of an employer in an industry is in force, a trade union party to the award may make an application to the Tribunal for an order to extend the award or part thereof to another employer in that industry by whom the trade union is recognised and, on hearing the application, the Tribunal may grant or refuse the order. (2) The Tribunal shall not make an order under subsection (1), unless it is satisfied that— (a) the employer and workers to whom the award is to be extended are engaged in the same activity as that carried out by those parties to the award; (b) the extension of the award is necessary or desirable in the interest of uniformity of terms and conditions of employment; (c) the terms of the award are not prejudicial to the viability of the enterprise concerned. (3) Any application made under subsection (1) shall be determined within 60 days of the date of receipt of the application.

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