(1)  The hearing of an application, made as provided by section 23 , in respect of a matter to which section 35 (1) applies shall be conducted by the Commission constituted by a Full Bench.

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

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

(b) subject to subsection (3) , an employee organization that has 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)  An application under subsection (2) (b) shall not be heard unless –

(a) the organization that made the application is the only organization that has members subject to the award to which the application relates; or

(b) notwithstanding that another organization has an interest in the award to which the application relates, the President, having regard to the subject-matter of the application and its likely effect on the members of any other employee organization, considers the hearing of the application and the making of an award in relation to that subject-matter would not prejudice the orderly conduct of industrial relations in Tasmania.

(4)  Proceedings before the Commission constituted by a Full Bench with respect to an industrial matter may, if the President so directs, be commenced on the motion of the Commission.

(5)  The Commission shall cause notice of an application to which this section applies to be published in a newspaper published at Hobart, a newspaper published at Launceston, and a newspaper published at Burnie, and any such notice shall –

(a) state the matter to which the application relates; and

(b) state the time and place at which the Commission will conduct a hearing on the application.

(6)  After conducting a hearing on an application to which this section applies, the Commission may, subject to section 36 , make an award in relation to the subject-matter of the application.