Commonwealth Numbered Acts

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 107

107. (1) A reference in this section to a part of an industrial dispute
includes a reference to:

   (a)  an industrial dispute so far as it relates to a matter in dispute; or

   (b)  a question arising in relation to an industrial dispute.

(2) Where a proceeding in relation to an industrial dispute or an alleged
industrial dispute is before a member of the Commission, a party to the
proceeding or the Minister may apply to the member:

   (a)  in the case of a proceeding in relation to an alleged
        industrial dispute - to have the proceeding dealt with by a Full Bench
        because the subject-matter of the proceeding is of such importance
        that, in the public interest, the proceeding should be dealt with by a
        Full Bench; or

   (b)  in the case of a proceeding by way of conciliation or arbitration - to
        have the industrial dispute or a part of the industrial dispute dealt
        with by a Full Bench because the industrial dispute or the part of the
        industrial dispute is of such importance that, in the public interest,
        it should be dealt with by a Full Bench.

(3) An application under paragraph (2) (a) may be accompanied by an
application under paragraph (2) (b), to be dealt with if the application under
paragraph (2) (a) is granted and there is a finding that there is an
industrial dispute.

(4) If an application is made under subsection (2) to a member of the
Commission other than the President, the member shall refer the application to
the President to be dealt with.

(5) The President shall confer with the member about whether the application
should be granted.

(6) If the President is of the opinion:

   (a)  in the case of an application under paragraph (2) (a) - that the
        subject-matter of the proceeding is of such importance that, in the
        public interest, the proceeding should be dealt with by a Full Bench;
        or

   (b)  in the case of an application under paragraph (2) (b) - that the
        industrial dispute or the part of the industrial dispute is of such
        importance that, in the public interest, it should be dealt with by a
        Full Bench; the President shall grant the application.

(7) Where the President grants an application under paragraph (2) (a):

   (a)  the Full Bench shall, if it considers that there is an industrial
        dispute, record findings under section 101; and

   (b)  if the application was accompanied by an application under paragraph
        (2) (b) that was granted - the Full Bench shall, subject to subsection
        (9), hear and determine the industrial dispute or the part of the
        industrial dispute.

(8) Where the President grants an application under paragraph (2) (b), the
Full Bench shall, subject to subsection (9), hear and determine the industrial
dispute or the part of the industrial dispute and, in the hearing, may have
regard to any evidence given, and any arguments adduced, in arbitration
proceedings in relation to the industrial dispute, or the part of the
industrial dispute, before the Full Bench commenced the hearing.

(9) Where the President grants an application under paragraph (2) (b) in
relation to an industrial dispute:

   (a)  the Full Bench may refer a part of the industrial dispute to a member
        of the Commission to hear and determine; and

   (b)  the Full Bench shall hear and determine the rest of the industrial
        dispute.

(10) The President or a Full Bench may, in relation to the exercise of powers
under this section, direct a member of the Commission to provide a report in
relation to a specified matter.

(11) The member shall, after making such investigation (if any) as is
necessary, provide a report to the President or Full Bench, as the case may
be.

(12) The President may before a Full Bench has been established for the
purpose of hearing and determining, under this section, an industrial dispute
or part of an industrial dispute, authorise a member of the Commission to take
evidence for the purposes of the hearing and determination, and:

   (a)  the member has the powers of a person authorised to take evidence
        under subsection 111 (3); and

   (b)  the Full Bench shall have regard to the evidence.