Commonwealth Numbered Acts

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INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 35

Commission divided in opinion
35. If the persons constituting the Commission for the purposes of any
proceeding are divided in opinion as to the decision to be given, the decision
shall be given, if there is a majority, according to the opinion of the
majority, but, if the members are equally divided in opinion, the opinion that
shall prevail is:

   (a)  where the President is a member - the opinion of the President;

   (b)  where the President is not a member and only one Deputy President is a
        member - the opinion of the Deputy President;

   (c)  where the President is not a member and 2 or more Deputy Presidents
        are members - the opinion of the senior Deputy President; and

   (d)  in any other case - the opinion of the senior Commissioner who is a
        member. 


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