Commonwealth Numbered Acts

WORKPLACE RELATIONS AND OTHER LEGISLATION AMENDMENT ACT 1996 No. 60, 1996 - SCHEDULE 2

Schedule 2-Panels of the Commission Workplace Relations Act 1996
1 Subsection 4(1) (definition of relevant Presidential Member) Omit "is a
member", substitute "has been given the responsibility by the President for
organising and allocating the work".
2 At the end of section 36 Add:

(2) When exercising powers under this section and section 37, the President
must have regard to the improved:

   (a)  efficiency of the Commission; and

   (b)  cooperation between the Commission and State industrial authorities;
        that may be achieved by the Commission's powers and functions being
        exercised and performed, in relation to a particular matter, by
        members of State industrial authorities who hold secondary offices as
        members of the Commission.

(3) If application is made under section 111AAA for the Commission to cease
dealing with the whole or part of an industrial dispute in relation to
particular employees, the President must give consideration to arranging for
the matter to be heard by a member of a State industrial authority who holds a
secondary office as a member of the Commission or, if the application is to be
heard by a Full Bench, by a Full Bench which includes such a member.
3 Subsections 37(1) and (2) Repeal the subsections, substitute:

(1) The President may assign an industry or group of industries to a panel of
members of the Commission consisting of at least one Presidential Member and
at least one Commissioner and, subject to this Act and any direction of the
President, the powers of the Commission in relation to that industry (other
than powers exercisable by a Full Bench) shall, as far as practicable, be
exercised by a member or members of the panel.

(1A) Even though an industry has been assigned to a panel, the President may
direct that the powers of the Commission in relation to a particular matter
relating to that industry are to be exercised by:

   (a)  a member of the Commission who is not a member of that panel; or

   (b)  members of the Commission, some or all of whom are not members of that
        panel.

(2) If more than one Presidential Member is assigned to a panel, the President
must nominate one of the Presidential Members to organise and allocate the
work of the panel.