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INDUSTRIAL RELATIONS ACT 1984 - SECT 19A Commission may conduct dispute resolutions

INDUSTRIAL RELATIONS ACT 1984 - SECT 19A

Commission may conduct dispute resolutions

(1)  A person may apply to the Commission to have a dispute resolution process conducted by the Commission in relation to a matter or matters in dispute if –
(a) the parties to the dispute are bound by a federal workplace agreement; and
(b) the Commission is authorised or permitted to conduct the dispute resolution process –
(i) under dispute settlement procedures (within the meaning of section 353 of the Commonwealth Act) set out in the agreement; or
(ii) if no such dispute settlement procedures are set out in the agreement, under the federal model dispute resolution process.
(2)  On any such application, the Commission may perform such functions and may exercise such powers with respect to the resolution of the dispute as are imposed or conferred on it by or under –
(a) the federal workplace agreement concerned or federal model dispute resolution process (as the case may be); and
(b) the Commonwealth Act.
(3)  The Commission is to be constituted by a single member of the Commission unless the federal workplace agreement concerned, federal model dispute resolution process or Commonwealth Act (as the case may be) requires otherwise.
(4)  Subject to subsection (5) , the performance of a function or the exercise of a power imposed or conferred on the Commission as referred to in subsection (2) is, for the purposes of any other provision of this Act, taken not to have been performed or exercised under this Act.
(5)  The functions or powers that the Commission is authorised or permitted to perform or exercise as referred to in this section are in addition to, and do not derogate from, any other function or power of the Commission.
(6)  Nothing in this section –
(a) makes any order, determination or other decision of the Commission, in respect of the dispute, binding on the parties to the dispute unless the federal workplace agreement concerned, federal model dispute resolution process or Commonwealth Act (as the case may be) operates to make any such order, determination or decision binding on the parties; or
(b) limits the operation of section 61 .
(7)  In this section –
federal model dispute resolution process means the model dispute resolution process within the meaning of the Commonwealth Act;
federal workplace agreement means a workplace agreement within the meaning of the Commonwealth Act.