INDUSTRIAL RELATIONS ACT 1988
Table of Provisions
- 1 Short title
- 2 Commencement
- 3 Objects of Act
- 4 Interpretation
- 5 Additional operation of Act
- 6 Application to Crown
- 7 Extension to Christmas Island
- 8 Establishment of Commission
- 9 Appointment of Commission members etc.
- 10 Qualifications for appointment
- 11 Seniority
- 12 Performance of duties on part-time basis
- 13 Dual federal and State appointments
- 14 Performance of duties by dual federal and State appointees
- 15 Dual federal appointments
- 16 Tenure of Commission members
- 17 Acting President
- 18 Acting Deputy Presidents
- 19 Oath or affirmation of office
- 20 Duty of Commission members
- 21 Salary and allowances of Presidential Members etc.
- 22 Application of Judges' Pensions Act
- 23 Remuneration and allowances of Commissioners
- 24 Removal of Presidential Member from office
- 25 Outside employment of Commissioner
- 26 Leave of absence of Commissioner
- 27 Disclosure of interest by Commission members
- 28 Termination of appointment of Commissioner
- 29 Resignation by Commission member
- 30 Manner in which Commission may be constituted
- 31 Powers exercisable by single member of Commission
- 32 Functions and powers conferred on members
- 33 Powers may be exercised of Commission's own motion or on application
- 34 Continuation of hearing by Commission
- 35 Commission divided in opinion
- 36 Arrangement of business of Commission
- 37 Panels of Commission for particular industries
- 38 President to designate Presidential Members
- 39 Conference of Commission members
- 40 Delegation by President
- 41 Protection of Commission members
- 42 Representation of parties before Commission
- 43 Intervention generally
- 44 Particular rights of intervention of Minister
- 45 Appeals to Full Bench
- 46 References to Court by Commission on question of law
- 47 Seals of Commission
- 48 Rules of Commission
- 49 Annual report of Commission
- 50 Jurisdiction of Court
- 51 Interpretation of awards
- 52 Exclusive jurisdiction
- 53 Exercise of Court's jurisdiction
- 54 Reference of proceedings to Full Court
- 55 Limitation on appeals to Full Court
- 56 Appeals from State and Territory courts
- 57 Limitations on appeals from Court to High Court
- 58 Representation of parties before Court
- 59 Intervention generally
- 60 Particular rights of intervention of Minister
- 61 Injunctions not to contravene Act etc.
- 62 Australian Industrial Registry
- 63 Functions of the Industrial Registry
- 64 Registries
- 65 Seals of the Registry
- 66 Annual report of Industrial Registry
- 67 Industrial Registrar
- 68 Tenure of office of Industrial Registrar
- 69 Remuneration and allowances of Industrial Registrar
- 70 Outside employment of Industrial Registrar
- 71 Disclosure of interests by Industrial Registrar
- 72 Leave of absence of Industrial Registrar
- 73 Resignation by Industrial Registrar
- 74 Termination of appointment of Industrial Registrar
- 75 Deputy Industrial Registrars
- 76 Acting Industrial Registrar
- 77 Acting Deputy Industrial Registrars
- 78 Oath or affirmation of office of Registrar
- 79 References by Registrar to Commission
- 80 Removal of matters before Registrar
- 81 Appeals from Registrar to Commission
- 82 References to Court by Registrar on question of law
- 83 Staff
- 84 Inspectors
- 85 Identity cards
- 86 Powers of inspectors
- 87 Inspector to investigate matters affecting safety of employees
- 88 Annual report
- 89 General functions of Commission
- 90 Commission to take into account the public interest
- 91 Commission to encourage agreement on procedures for preventing and settling disputes
- 92 Commission to have regard to compliance with disputes procedures
- 93 Commission to take account of Racial Discrimination Act and Sex Discrimination Act
- 94 Uniformity in relation to certain conditions of employment
- 95 No automatic flow on of terms of certified agreements
- 96 Schemes of apprenticeship
- 97 Safety, health and welfare of employees
- 98 Commission to act quickly
- 99 Notification of industrial disputes
- 100 Disputes to be dealt with by conciliation where possible
- 101 Findings as to industrial disputes
- 102 Action to be taken where dispute referred for conciliation
- 103 Completion of conciliation proceeding
- 104 Arbitration
- 105 Exercise of arbitration powers by member who has exercised conciliation powers
- 106 Certain matters to be dealt with by Full Bench
- 107 Reference of disputes to Full Bench
- 108 President may deal with certain proceedings
- 109 Review on application by Minister
- 110 Procedure of Commission
- 111 Particular powers of Commission
- 112 Consent awards
- 113 Power to set aside or vary awards
- 114 Power to make further awards in settlement of industrial dispute etc.
- 115 Certified agreements
- 116 Operation of certified agreements
- 117 Certified agreements may be varied, set aside, terminated etc.
- 118 Demarcation disputes
- 119 Compulsory conferences
- 120 Relief not limited to claim
- 121 Power to override certain laws affecting public sector employment
- 122 Power to grant preference to members of organisations
- 123 Power to provide special rates of wages
- 124 Limitation on powers of Commission relating to payments in relation to periods of industrial action
- 125 Power to include bans clauses
- 126 Stand-down applications
- 127 Orders in relation to industrial action involving public sector employment
- 128 State authorities may be restrained from dealing with disputes
- 129 Joint sessions of Commission
- 130 Reference of industrial dispute to local industrial board for report
- 131 Boards of reference
- 132 Discussions about conciliation and arbitration processes
- 133 Industry consultative councils
- 134 Power of inspection
- 135 Commission may order secret ballot
- 136 Application by members of organisation for secret ballot
- 137 Scope of directions for secret ballots
- 138 Conduct of ballot
- 139 Commission to have regard to result of ballot
- 140 Certain members not required to obey directions of organisation
- 141 Common rules
- 142 Variation of common rules
- 143 Making and publication of awards etc.
- 144 Form of awards
- 145 Date of awards
- 146 Commencement of awards
- 147 Term of awards
- 148 Continuation of awards
- 149 Persons bound by awards
- 150 Awards of Commission are final
- 151 Registrar to review operation of awards
- 152 Awards to prevail over State laws, awards etc.
- 153 Validity of State orders, awards etc.
- 154 Reprints of awards as varied
- 155 Expressions used in awards
- 156 Application of Division
- 157 Notification of disputes
- 158 Powers of Commission
- 159 Exercise of powers
- 160 Parties
- 161 Application of other provisions of Act
- 162 Trade Practices Act not affected
- 163 Interpretation
- 164 Certain actions not to lie under other laws in relation to boycott conduct
- 165 Certain actions not to lie under other laws in relation to certain industrial action involving public sector employment
- 166 Certain actions not to lie under other laws in relation to breaches of bans clauses
- 167 Division not to apply in relation to certain proceedings
- 168 Appointment of Port Conciliators
- 169 Federal Ports Co-ordinating Committee
- 170 Port Co-ordinating Committees
- 171 Co-operation with States by President
- 172 Co-operation with States by Industrial Registrar
- 173 Member of Commission may exercise powers under prescribed State laws
- 174 Reference of dispute to State authority for determination
- 175 Joint proceedings
- 176 Conference with State authorities
- 177 Industrial matters affecting the oil industry in New South Wales
- 178 Imposition and recovery of penalties
- 179 Recovery of wages etc.
- 180 Unclaimed moneys
- 181 Conduct in breach of bans clause
- 182 Certificate required for enforcement of bans clause
- 183 Certificate where settlement action fails
- 184 Certificate for breach after settlement action
- 185 Certificate for breach before settlement action
- 186 Certificate where settlement action not taken
- 187 Cancellation and suspension of awards and orders
- 188 Associations capable of applying for registration
- 189 Criteria for registration
- 190 Applicant for registration may change its name or alter its rules
- 191 Registration
- 192 Incorporation
- 193 Designated Presidential Member to review registration of small organisations
- 194 Organisations to have rules
- 195 Rules of organisations
- 196 General requirements for rules
- 197 Rules to provide for elections for offices
- 198 Rules to provide for elections by secret postal ballot
- 199 Rules to provide for terms of office
- 200 Rules may provide for filling of casual vacancies
- 201 Rules to provide conditions for loans, grants and donations by organisations
- 202 Rules may permit organisation to enter into agreements with State registered unions
- 203 Industrial Registrar may determine alterations of rules
- 204 Change of name or alteration of eligibility rules of organisation
- 205 Alteration of other rules of organisation
- 206 Certain alterations of rules to be recorded
- 207 Evidence of rules
- 208 Rules contravening section 196
- 209 Directions for performance of rules
- 210 Conduct by Australian Electoral Commission
- 211 Application for organisation or branch to conduct its elections
- 212 Objections to application to conduct elections
- 213 Registrar may permit organisation or branch to conduct its elections
- 214 Registrar to arrange for conduct of elections
- 215 Provisions applicable to elections conducted by Australian Electoral Commission
- 216 Death of candidate
- 217 Ballot papers etc. to be preserved
- 218 Application for inquiry
- 219 Instituting of inquiry
- 220 Court may authorise Industrial Registrar to take certain action
- 221 Interim orders
- 222 Procedure at hearing
- 223 Action by Court
- 224 Industrial Registrar to make arrangements for conduct of elections etc.
- 225 Enforcement of orders
- 226 Validity of certain acts etc. where election declared void
- 227 Interpretation
- 228 Certain persons disqualified from holding office in organisations
- 229 Application for leave to hold office in organisations by prospective candidate for office
- 230 Application for leave to hold office in organisations by office holder
- 231 Court to have regard to certain matters
- 232 Action by Court
- 233 Interpretation
- 234 Procedure to be followed for proposed amalgamation etc.
- 235 Application for approval to be lodged
- 236 Consideration of form of application etc.
- 237 Notification of hearing in relation to proposed amalgamation
- 238 Submissions
- 239 Community of interest declaration
- 240 Approval for submission to ballot of amalgamation not involving extension of eligibility rules etc.
- 241 Objections in relation to amalgamation involving extension of eligibility rules etc.
- 242 Approval for submission to ballot of amalgamation involving extension of eligibility rules etc.
- 243 Ballot of members
- 244 Notice of ballot etc.
- 245 Officer of organisation to provide information for ballot etc.
- 246 Determination of approval of amalgamation by members of organisations
- 247 Inquiries into irregularities
- 248 Approval of amalgamation
- 249 Action to be taken after ballot
- 250 Resignation from membership
- 251 Effect of amalgamation on awards and orders
- 252 Holding of offices after amalgamation
- 253 Expenses of ballot
- 254 Interpretation
- 255 Validation of certain acts done in good faith
- 256 Validation of certain acts after 4 years
- 257 Order affecting application of section 255 or 256
- 258 Court may make orders in relation to consequences of invalidity
- 259 Court may order reconstitution of branch etc.
- 260 Application for membership of organisation by person treated as having been a member
- 261 Entitlement to membership of organisations
- 262 Court may order that persons shall cease to be members of organisations
- 263 Request by member for statement of membership
- 264 Resignation from membership
- 265 Liability for arrears
- 266 Rectification of register of members
- 267 Conscientious objection to membership of organisations
- 268 Records to be kept and lodged by organisations
- 269 Organisations to notify particulars of loans, grants and donations
- 270 Interpretation
- 271 Application of Division in relation to organisations divided into branches
- 272 Organisation to keep proper accounting records
- 273 Organisation to prepare accounts etc.
- 274 Information to be provided to members or Registrar
- 275 Auditors of organisations
- 276 Powers and duties of auditors
- 277 Fees and expenses of auditors
- 278 Removal of auditor from office
- 279 Copies of report and audited accounts to be provided to members and presented to meetings
- 280 Reports etc. to be lodged in Industrial Registry
- 281 Organisation may lodge accounts etc. of all branches
- 282 Organisation to forward notices etc. to auditor
- 283 Auditor entitled to attend meetings at which report presented
- 284 Auditors and other persons to enjoy qualified privilege in certain circumstances
- 285 Accounts and audit where income of organisation less than certain amount
- 286 Organisation may authorise inspection
- 287 Right to participate in certain ballots
- 288 Requests by members for information concerning elections and certain ballots
- 289 Providing copy of rules on request by member
- 290 Disputes between organisations and members
- 291 Certificate as to membership of organisation
- 292 List of officers to be evidence
- 293 Schedule 4 - Complementary registration systems
- 294 Application for cancellation of registration
- 295 Orders where cancellation of registration deferred
- 296 Cancellation of registration on technical grounds etc.
- 297 Cancellation to be recorded
- 298 Consequences of cancellation of registration
- 299 Offences in relation to Commission
- 300 Attendance at compulsory conferences
- 301 Intimidation etc.
- 302 Creating disturbance near Commission
- 303 Offences by witnesses
- 304 False representation of appointment as inspector
- 305 Obstructing inspector
- 306 Obstructing inspection
- 307 Application for secret ballot in relation to industrial action
- 308 Compliance with directions in relation to secret ballot
- 309 Organisation to notify assignment etc. of member's business
- 310 Failure to provide information in relation to election
- 311 Contravention of awards and orders
- 312 Incitement to boycott award forbidden
- 313 Refusal or failure to comply with direction in relation to election
- 314 Failure to preserve ballot papers etc.
- 315 Offences in relation to elections
- 316 Obstructing Industrial Registrar in relation to election inquiry
- 317 Offences in relation to ballot
- 318 Failure to comply with requirement made in relation to amalgamation
- 319 Failure to give statement as to membership of organisation
- 320 Offences in relation to conscientious objectors
- 321 Offences in relation to records of organisations
- 322 Offences in relation to particulars of loans etc.
- 323 Offences in relation to keeping and preparation of accounts etc.
- 324 Offences in relation to appointment of auditors
- 325 Offences in relation to auditor's report
- 326 Offences in relation to obstruction etc. of auditors
- 327 Offences in relation to accounts, reports etc.
- 328 Failure to lodge accounts etc.
- 329 Offences in relation to investigation by Registrar
- 330 Offences in relation to lodging of accounts
- 331 Offences in relation to accounts of low income organisations
- 332 Failure by returning officer to provide information on request by member
- 333 Failure to provide copy of rules on request by member
- 334 Certain offences in relation to members of organisations etc.
- 335 Offences by organisations in relation to industrial action etc.
- 336 Offences in relation to independent contractors etc.
- 337 False representation as to membership of organisation
- 338 Contracts entered into by agents of employers
- 339 Publication of trade secrets etc.
- 340 Unauthorised collection of money
- 341 Prosecutions
- 342 Authorisation of financial assistance
- 343 Court may certify that application was reasonable
- 344 Applications under sections 208, 209 and 261
- 345 Fees for 2 counsel not normally to be paid
- 346 Powers of Court not affected
- 347 Costs only where proceeding instituted vexatiously etc.
- 348 Delegation by Minister
- 349 Conduct by officers, directors, employees or agents
- 350 No imprisonment in default
- 351 Jurisdiction of courts limited as to area
- 352 Public sector employer to act through employing authority
- 353 Proceedings by and against unincorporated clubs
- 354 Inspection of documents etc.
- 355 Trade secrets etc. tendered as evidence
- 356 Application of penalties
- 357 Enforcement of penalties etc.
- 358 Appropriation for payment of certain salaries and allowances
- 359 Regulations
