(1)  The hearing of an application made as provided by section 23 , other than an application in respect of a matter to which section 35 (1) relates, shall be conducted by the Commission constituted by a Commissioner sitting alone.

(2)  An application referred to in subsection (1) may be made to the Commission by –

(a) an organization of private employers with an interest in the award to which the application relates;

(b) an employee organization with an interest in the award to which the application relates;

(c) the Tasmanian Trades and Labor Council;

(d) a controlling authority of State employees subject to the award to which the application relates; or

(e) the Minister, if, in his opinion, the application is one that, in the public interest, is appropriate to be dealt with by the Commission.

(3)  Proceedings before the Commission, constituted as mentioned in subsection (1) , with respect to an industrial matter may, if the President or a Full Bench so directs, be commenced on the motion of the Commission.

(4)  A Commissioner who conducts the hearing of an application in relation to an award may refer the application to the President if the Commissioner considers that the application –

(a) directly affects another award; or

(b) is so important that it is in the public interest to have the matter dealt with by a Full Bench.

(4A)  A party to the hearing of an application may request the Commissioner to refer the application to the President.

(4B)  A party to the hearing of an application intending to request the Commissioner to refer the application to the President is to notify the Commissioner and the other parties to the hearing of that intention before the day on which the hearing is scheduled to commence.

(4C)  Subject to subsection (4D) , the Commissioner must refer an application to the President if requested to do so by a party to the hearing of the application.

(4D)  The Commissioner may refer an application to the President after the commencement of the hearing of the application only if, in the Commissioner's opinion, issues have emerged during the hearing which –

(a) could not reasonably have been foreseen at the commencement of the hearing; and

(b) satisfy the criteria set out in subsection (4) .

(5)  After conducting a hearing into an application made to him under this section, a Commissioner may, subject to section 36 , make or refuse to make an award in relation to the subject-matter of the application.