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INDUSTRIAL RELATIONS ACT 1984

- Act 21 of 1984 - Royal Assent 16 May 1984

Table of Provisions

Long Title

PART I - Preliminary

  • 1 Short title
  • 2 Commencement
  • 3 Interpretation
  • 4 Crown bound by Act

PART II - Tasmanian Industrial Commission Division 1 - Constitution,

&c., of the Commission
  • 5 Constitution of the Commission
  • 6 Provisions relating to appointment of Commissioners
  • 6A Section 6A
  • 7 Oath or affirmation of office
  • 8 Judicial notice of official signatures of Commissioners
  • 9 Protection of Commissioners
  • 10 Substitute to act during absence of certain Commissioners
  • 10A Section 10A
  • 11 Removal and suspension of Commissioners
  • 12 Resignation from office
  • 13 Exercise of powers and jurisdiction of the President and the
  • Commission
  • 14 Constitution of Full Bench of Commission
  • 15 General functions and powers of President
  • 16 Reference of industrial matters to Australian Commission for
  • determination under this Act
  • 17 Power of Commission to sit in joint proceedings
  • 18 Staff of Commission

Division 2 - Jurisdiction, functions and powers of the Commission

  • 19 Jurisdiction of Commission
  • 19AA Commission to review matters under section 50 of the State Service
  • Act 2000
  • 19AB Commission to determine remuneration, &c., of members of
  • Parliament
  • 19A Commission may conduct dispute resolutions
  • 20 Commission to act according to equity and good conscience
  • 21 Procedure of Commission and associated matters
  • 22 Powers of inspection

Division 3 - Proceedings before the Commission

  • 23 Applications for awards and variations of awards
  • 24 Award hearings before Commissioner sitting alone
  • 25 Award hearings before Full Bench
  • 26 Proceedings may be in public or private
  • 27 Intervention and appearances
  • 28 Representation

Division 4 - Hearings for settling disputes

  • 29 Hearings for settling disputes
  • 30 Criteria applying to disputes relating to termination of employment
  • 30A Employees under federal award
  • 31 Orders arising from hearings

Division 5 - Cooperation between State industrial tribunals

  • 31A Interpretation of Division
  • 31B Joint proceedings
  • 31C Commission may perform functions and exercise powers imposed and
  • conferred under industrial law of another State

PART III - Awards Division 1 - Power to make awards and related

matters
  • 32 Subject-matter of awards
  • 33 Power of Commission to make awards in respect of private sector
  • employment
  • 34 Power of Commission to make awards in respect of public sector
  • employment
  • 35 Certain matters to be dealt with by Full Bench of Commission
  • 36 Commission to be satisfied of public interest
  • 37 Signature, operation and lodging of awards, &c.
  • 38 Effect of awards
  • 39 Validity of awards, &c.
  • 40 Extension of awards by regulation
  • 41 Formulation of grievance or dispute settling procedures
  • 42 Award subject to Acts dealing with same subject-matter
  • 43 Interpretation of awards
  • 44 Evidence of awards, order, &c.
  • 45 Disclosure of trade secrets

Division 2 - Provisions in respect of industries or employment not

otherwise subject to award or registered agreement
  • 46 Application of Division
  • 47 General provisions as to employment

Division 2A - Minimum conditions of employment relating to all

employees
  • 47AA Purpose and application of Division
  • 47AB Minimum weekly wage
  • 47AC Maximum ordinary working hours
  • 47AD Meal break
  • 47AE Annual leave
  • 47AF Personal leave
  • 47AG Parental leave
  • 47AH Redundancy
  • 47AI Payments to be based on ordinary pay
  • 47AJ Offence provision

Division 3 - Enforcement of awards and registered agreements

  • 47A Enforcement of awards and registered agreements after transfer of
  • business
  • 48 Breach of awards and registered agreements
  • 49 Remuneration fixed by award or registered agreement
  • 50 Piecework rates
  • 50A Power to stand down without pay
  • 51 Offences relating to remuneration
  • 52 Remedy of employees
  • 53 Employment subject to more than one award
  • 54 Lock-outs and strikes

PART IV - Industrial Agreements and Private Arbitration

  • 55 Making of industrial agreements
  • 56 Registration and evidence of agreement
  • 57 Addition of parties to industrial agreements
  • 58 Persons bound by agreement
  • 59 Variation, &c., of agreement
  • 60 Award not to apply while agreement is in force
  • 61 Private conciliation and arbitration

PART IVA - Enterprise Agreements Division 1 - Enterprise agreements

  • 61A Interpretation
  • 61B Purpose of enterprise agreement
  • 61C Single or separate enterprises
  • 61D Parties to enterprise agreement
  • 61E Content of enterprise agreement
  • 61F Minimum conditions of employment
  • 61G Formal considerations
  • 61H Lodgement of enterprise agreement
  • 61I Hearing
  • 61J Approval of enterprise agreement
  • 61K Withdrawal from enterprise agreement
  • 61L Registration of enterprise agreement
  • 61M Effect of registered enterprise agreement
  • 61N Persons bound by registered enterprise agreement
  • 61O Duration of registered enterprise agreement
  • 61P Variation of registered enterprise agreement
  • 61Q Notice to be given of working conditions
  • 61R Termination of registered enterprise agreement
  • 61S New enterprises

Division 2 - Employee committees

  • 61T Decision to form employee committee
  • 61U Election of members of employee committee
  • 61V Periodic elections
  • 61W Function of employee committee
  • 61X Decisions and procedure
  • 61Y Casual vacancy
  • 61Z Dissolution

Division 3 -

.  .  .  .  .  .  .  .  

Division 4 - Miscellaneous

  • 61ZD Secret ballots under this Part
  • 61ZE Register

PART V - Registration of Organizations

  • 62 Qualifications for registration
  • 63 Registration of associations
  • 63A Section 63A
  • 64 Certificate of registration
  • 65 Effect of registration
  • 65A Recall and re-issue of certificate of registration
  • 66 Extension of entitlement of rights specified in section 65 to
  • certain private employers and certain associations
  • 67 Alteration of rules or constitutions of organizations
  • 67A Amalgamation of organizations
  • 68 Cancellation of registration

PART VI - Appeals

  • 69 Interpretation of Part
  • 70 Rights of appeal
  • 71 Procedure on appeals
  • 72 Provisions relating to finality of decisions of Full Bench

PART VII - Records and Inspection

  • 73 Section 73
  • 74 Functions of Secretary
  • 75 Records of employment and advice of pay details
  • 76 Powers of inspectors
  • 77 Right of entry of union officials
  • 78 Service of requisitions on employers, &c.

PART VIII - Miscellaneous

  • 79 Employment of infirm persons
  • 80 Employment of persons with disabilities in sheltered workshops,
  • &c.
  • 81 Employment of students
  • 82 Appeals in respect of matters under sections 79, 80 and 81
  • 83 Requirements as to secrecy of officers, &c.
  • 84 Copies of awards and registered agreements
  • 85 Awards and registered agreements prevail
  • 86 Prohibition on victimisation
  • 87 Freedom of association
  • 87A Responsibility of Secretary and Registrar for enforcement of certain
  • provisions of Act
  • 88 Service of documents
  • 89 Protection from liability
  • 90 Provision for change of names of certain bodies
  • 91 Section 91
  • 92 Proceedings for offences
  • 93 Offences by bodies corporate
  • 94 Costs of administration
  • 95 Application of penalties, &c.
  • 96 Regulations
  • 97 Power of Governor to make orders altering amounts in relation to
  • penalties in Act
  • 98 Savings provision
  • 99 Registered agreements and awards to remain in force
  • 100 Validation and transitional
  • SCHEDULE 1 SCHEDULE 2 SCHEDULE 3

    [ Note: This table has been automatically generated and may be incomplete. ]

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