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INDUSTRIAL RELATIONS ACT 1984 - SECT 16 Reference of industrial matters to Australian Commission for determination under this Act

INDUSTRIAL RELATIONS ACT 1984 - SECT 16

Reference of industrial matters to Australian Commission for determination under this Act

(1)  In respect of an industrial matter within the jurisdiction of a Commissioner sitting or acting alone, the President may, where in his opinion it is appropriate to do so, request the President of the Australian Commission to nominate a member of the Australian Commission to deal with the whole or any part of that matter.
(2)  Where, in accordance with a request under subsection (1) , the President of the Australian Commission nominates a member of the Australian Commission, the President of the Commission may refer the whole or part of the industrial matter in respect of which the request was made to the member to be inquired into and to be dealt with under this Act by conciliation, by arbitration, or by conciliation and, if necessary, by arbitration, and, after affording the parties an opportunity to be heard, may, at any time before a decision is made by the member in relation to the industrial matter, revoke the reference.
(3)  For the purposes of inquiring into and dealing with the whole or part of an industrial matter that has been referred to him under subsection (2) , the member of the Australian Commission may exercise all the powers of the Commission under this Act that are exercisable by a Commissioner sitting alone and in the exercise of those powers shall be deemed to be the Commission.
(4)  Without limiting subsection (3) , a decision made by a member of the Australian Commission in relation to an industrial matter referred to him under subsection (2) shall, for the purposes of this Act, be deemed to be an award or order, as the case may require, made by the Commission under this Act.
(5)  For the purposes of sections 8 , 9 , and 13 , a member of the Australian Commission appointed pursuant to this section is a Commissioner.