WORKPLACE RELATIONS ACT 1996 - SECT 122 References to Court by Commission on question of law
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 122
References to Court by Commission on question of law(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, order or decision in the matter.
(3) On the determination of the question by the Court:
(a) if the Commission has not made an award, order or decision in the matter--the Commission may make an award, order or decision not inconsistent with the opinion of the Court; or
(b) if the Commission has made an award, order or decision in the matter--the Commission shall vary the award, order or decision in such a way as will make it consistent with the opinion of the Court.