Commonwealth Numbered Acts

CONCILIATION AND ARBITRATION (ELECTRICITY INDUSTRY) ACT 1985 No. 50 of 1985 - SECT 9

9. (1) Subject to this section, any powers of the Commission in relation to -

   (a)  an industrial dispute, being an industrial dispute to which this Act
        applies; or

   (b)  an alleged industrial dispute where, if the industrial dispute is
        found to exist, this Act will apply to the industrial dispute, shall,
        after the commencement of this Act, be exercised by a Full Bench.

(2) Where proceedings before the Commission constituted otherwise than by a
Full Bench are, by reason of sub-section (1), required to be dealt with by a
Full Bench, the Full Bench may, subject to sub-section 30 (4) of the
Conciliation and Arbitration Act, have regard to any evidence given, and any
arguments adduced, in any other proceedings (including proceedings that took
place before the commencement of this Act).

(3) Where proceedings in relation to an industrial dispute or an alleged
industrial dispute are before a Full Bench by reason of sub-section (1), the
Full Bench may direct any member of the Commission -

   (a)  to inquire into any matter involved in the industrial dispute or
        alleged industrial dispute and to report to the Full Bench on that
        matter; or

   (b)  to endeavour to settle the industrial dispute or a part of the
        industrial dispute by conciliation and to report to the Full Bench on
        the result of the endeavours.

(4) A member of the Commission to whom a direction is given by a Full Bench
under sub-section (3) in relation to an industrial dispute or a part of an
industrial dispute has, for the purpose of complying with the direction, all
the powers of the Commission or of a member of the Commission under the
Conciliation and Arbitration Act other than the power to certify a memorandum,
or make an award or order, under sub-section 28 (1) of that Act and, for the
purpose of the settlement of all or any of the matters in dispute, that
last-mentioned sub-section has effect as if any reference in that sub-section
to a member of the Commission were a reference to the Full Bench.

(5) Where the member of the Commission to whom a direction is given under
sub-section (3) in relation to an industrial dispute is a member of the Full
Bench by which the direction was given, sub-section 22 (2) of the Conciliation
and Arbitration Act does not apply but, if -

   (a)  the Full Bench proposes to exercise powers with respect to arbitration
        in relation to the industrial dispute;

   (b)  a party to the arbitration proceedings objects to the member taking
        part in the exercise of those powers; and

   (c)  the Full Bench as constituted without that member is satisfied that
        there are reasonable grounds for the objection, the Full Bench shall
        direct that that member shall not take part in the exercise of those
        powers and, where such a direction is given, the President may appoint
        another member to the Full Bench in place of the first-mentioned
        member.

(6) Where proceedings in relation to an industrial dispute are before a Full
Bench by reason of sub-section (1) and the Full Bench is satisfied that it
would be appropriate, in relation to the industrial dispute, to hear and
determine so much of the industrial dispute as involves an electricity
authority of Queensland or electricity authorities of Queensland separately
from any other part of the industrial dispute, the Full Bench may make a
declaration to that effect and, where such a declaration is made -

   (a)  this section ceases to apply in relation to the part of the industrial
        dispute that involves employers other than electricity authorities of
        Queensland; and

   (b)  the Commission as constituted under the Conciliation and Arbitration
        Act for the purposes of the part of the industrial dispute to which
        this section has so ceased to apply may, subject to sub-section 30 (4)
        of the Conciliation and Arbitration Act, for the purpose of any
        proceedings in relation to that part of the industrial dispute, have
        regard to any evidence given, and any arguments adduced, before the
        declaration was made, in any proceedings in relation to the industrial
        dispute before the Commission as constituted under this section.