WORKPLACE RELATIONS ACT 1996 - SECT 772 Disputes about the operation of this Part

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 772

             (1)  The Commission may make orders for the purposes of settling disputes about the operation of this Part.

             (2)  The Commission may make orders under subsection (1) on application by:

                     (a)  a permit holder; or

                     (b)  a permit holder's organisation; or

                     (c)  an affected employer; or

                     (d)  an occupier of, or an employer who employs employees who carry out work on, OHS premises.

             (3)  In making orders under subsection (1), the Commission:

                     (a)  must have regard to fairness between the parties concerned; and

                     (b)  must not confer rights that are additional to, or inconsistent with, rights exercisable under this Part.

             (4)  However, the Commission does have power, under subsection (1), to:

                     (a)  revoke or suspend a permit issued to a person under this Part; or

                     (b)  impose limiting conditions on a permit issued to a person under this Part.

If the Commission does so, it may make any order that it considers appropriate, for the purpose of settling the dispute, about the issue of any further permit to the person, or of any permit or further permit to any other person, under this Part.

             (5)  In this section:

"limiting condition" means a condition that limits the circumstances in which a permit has effect.

"OHS premises" means premises in relation to which a person must hold a permit in order to exercise a right of entry under an OHS law.