Commonwealth Numbered Acts

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 46

46. (1) The Commission may refer a question of law arising in a matter before
the Commission for the opinion of the Court.

(2) If the question referred to the Court is not whether the Commission may
exercise powers in relation to the matter, the Commission may, in spite of the
reference, make an award or order in the matter.

(3) On the determination of the question by the Court:

   (a)  if the Commission has not made an award or order in the matter - the
        Commission may make an award or order not inconsistent with the
        opinion of the Court; or

   (b)  if the Commission has made an award or order in the matter - the
        Commission shall vary the award or order in such a way as will make it
        consistent with the opinion of the Court.