New South Wales Consolidated Acts

EMPLOYMENT PROTECTION ACT 1982 - SECT 12

12 Report to be considered by Commission

(1) The Commission has jurisdiction to consider and inquire into a report referred to the President under section 11 and, in consequence thereof, to make such orders under this Act as appear to be just and proper.

(1A) Where, in relation to a report referred to in subsection (1), the Commission receives a request in or to the effect of the prescribed form from a union or from an employer to whom the report relates for the Commission to exercise its jurisdiction under this Act, the Commission shall forthwith proceed to exercise its jurisdiction under this Act in relation to that report.

(1B) Where, in relation to a report referred to in subsection (1), no such request is made to the Commission by:

(a) an industrial union of employers or an employer to whom the report relates-within the period of 21 days after the date on which the Registrar received the relevant notice under this Act, or

(b) an industrial union of employees-within the period of 21 days after the date on which the Registrar first sent such a union a copy of the notice for the purposes of section 10,

the Commission shall forthwith proceed to exercise its jurisdiction under this Act in relation to that report.

(1C) The regulations may, in any case or class of cases, vary any period referred to in subsection (1A) or (1B), and those subsections shall, in any such case or class of cases, have effect subject to and in accordance with any such variation.

(2) Notwithstanding anything in section 30B of the Principal Act, but subject to section 15 of this Act, the jurisdiction of the Commission under this Act may be exercised by:

(a) a member, or

(b) a conciliation commissioner,

to whom consideration of the report is for the time being allocated by the President.

(3) The Commission may exercise its jurisdiction under this Act in relation to a termination or proposed termination of employment notwithstanding that the employer has contravened or failed to comply with this Act or the regulations in any respect, and may do so as if that contravention or failure had not occurred.