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INDUSTRIAL RELATIONS ACT 1984 - SECT 35 Certain matters to be dealt with by Full Bench of Commission

INDUSTRIAL RELATIONS ACT 1984 - SECT 35

Certain matters to be dealt with by Full Bench of Commission

(1)  The powers of the Commission to make an award or to approve an industrial agreement is exercisable only by a Full Bench in respect of the following matters:
(a) making provision for, or altering, the ordinary hours of work;
(b) making provision for, or altering, a minimum wage that is to be payable to adults without regard to the work performed;
(c) making provision for, or altering a provision for –
(i) the amount of annual leave; and
(ii) the payment of wages or allowances during annual leave;
(d) making provision for, or altering, rates of wages generally or the manner in which rates of wages generally are to be ascertained;
(e) modifying or affecting not less than 5 awards;
(f) dealing with any other matter referred by the President under section 15 (1) (c) .
(2)  Subsection (1) does not apply where a provision of, or an alteration in, an award or industrial agreement gives effect to matters, or is in accordance with principles, determined by a Full Bench.
(3)  An award of a Full Bench in respect of a matter to which subsection (1) (a) or (c) relates may be applied to only one industry or only some State employees.
(4)  An award of a Full Bench in respect of a matter to which subsection (1) (b) relates may be applied to all awards containing a provision for a minimum wage or to such other awards as are specified by the Full Bench.
(5)  An award of a Full Bench in respect of a matter to which subsection (1) (d) or (e) relates shall be applied to such awards as are specified by the Full Bench.
(6)  For the purpose of determining whether a matter mentioned in subsection (1) (f) should be referred by him to a Full Bench, the President may conduct a preliminary hearing to ascertain the views of organizations having an interest in the matter.
(7)  Subject to this section, where a Full Bench is satisfied that, having regard to a decision of the Australian Commission that is applicable to the wages payable generally to employees who are subject to awards of the Australian Commission in Tasmania, a variation should be made to the wages payable generally to employees under awards of the Commission, the Full Bench may order that any such variation be made.
(8)  An order under subsection (7) by a Full Bench may be subject to such conditions as the Full Bench considers appropriate and as are specified in the order.
(9)  Subject to subsection (10) , a Full Bench may make an order under subsection (7) only –
(a) on the application of the Tasmanian Chamber of Commerce and Industry Ltd., the Tasmanian Trades and Labor Council, an organization that has an interest in 5 or more awards, or the Minister; and
(b) after it has given the Minister, the organizations referred to in paragraph (a) , and any other organization that, in the opinion of the Full Bench, has a sufficient interest in the matter, an opportunity to be heard in relation to the matter.
(10)  An application under paragraph (a) of subsection (9) made by an organization lastly referred to in that paragraph shall not be heard unless the President, having regard to the subject-matter of the application, considers that the hearing of that application would not prejudice the orderly conduct of industrial relations in Tasmania.
(10A)  A Full Bench of the Commission must convene and conduct a hearing annually to determine the Tasmanian minimum wage specified in section 47AB .