(1)  The Registrar is to refer an agreement lodged under section 61H to the President who is to refer the agreement to a Commissioner who must–

(a) set a hearing date and notify the Minister and the parties to the agreement accordingly; and

(b) forward a copy of the agreement to the Minister and the parties to the agreement.

(2)  At the hearing, the Commissioner must satisfy himself or herself that the parties to the agreement are aware of–

(a) their entitlements and obligations under the agreement and this Part; and

(b) any changes to existing conditions of employment which will result from the agreement taking effect.

(2A)  At the hearing, the Commissioner must be satisfied that any secret ballot required to be conducted in relation to the agreement has been conducted in accordance with section 61ZD (1) .

(2B)  For the purpose of subsection (2) , the Commissioner must be satisfied that the parties to the agreement were provided with a written statement at least 2 weeks before the ballot to approve the agreement that specifies –

(a) any changes to their entitlements and obligations resulting from the agreement taking effect; and

(b) the nature of any changes to existing conditions of employment.

(3)  The Commissioner may summon any person to attend a hearing.

(4)  A person who is summoned to attend a hearing must not, without reasonable excuse, fail or refuse to attend the hearing as required by the summons.

Penalty:  Fine not exceeding 10 penalty units.

(5)  A hearing is to be conducted in such manner as the Commissioner may determine.

(6)  A party to the enterprise agreement may appear before the Commissioner in person or by an agent.

(7)  At the hearing, the Commissioner may–

(a) with the consent of the parties, correct or amend any error, defect or irregularity relating to the agreement; and

(b) with the consent of a person, add or delete the person as a party to the agreement; and

(c) give any direction or do any thing necessary or convenient for the just and expeditious determination of the hearing; and

(d) inform himself or herself on any matter in any way he or she thinks fit.

(8)  The Commissioner is not bound by the rules of evidence in informing himself or herself on any matter at a hearing.