AP806227 - Teachers’ (Victorian Government Schools) Conditions of Employment Award 2001
16.1 For the purpose of this award a Board of Reference, hereinafter called the Board, shall comprise two persons nominated, from time to time, by the union and two persons nominated, from time to time, by the employer, and a member of the Australian Industrial Relations Commission as Chairperson. Where the employer or the union fail to nominate a representative or representatives within a reasonable period, the Chairperson shall nominate persons to represent that entity or entities.
16.2 The function of the Board, in accordance with the provisions of this award, shall be to allow, approve, fix, determine or deal with the matter or thing referred to it under 15.6.
16.3 Any person appointed as a member of the Board may appoint a substitute to act in his or her stead at any time, provided that a union nominee may only exercise this power with the consent of the union.
16.4 The Board shall sit at such time and place as the Chairperson may fix.
16.5 In the event of representative members of the Board being equally divided in opinion, the Chairperson shall cast his or her vote to give a majority decision.
16.6 A determination or other decision made by the Board shall be binding upon the parties to this award and the parties shall abide by any such determination or decision.
16.7 A decision of the Board may be reviewed and altered by the Australian Industrial Relations Commission on application of either party to this award, provided that notice of an application for a review of such decision or decisions is given to the other party to the proceedings within seven days and that the application for review is lodged with the Industrial Registrar, and served on the other party to the proceedings within 21 days of the date of the decision but the Australian Industrial Relations Commission may, on application, extend the time for notice or lodgement of the application.
16.7 Nothing in this clause shall prevent any party from applying to the Federal Court of Australia for an interpretation of any clause of this award.
