Powers corresponding to powers of inspectors under the Workplace Relations Act

(1)

If a provision of the Workplace Relations Act, or of an instrument under that Act, authorises an inspector (within the meaning of that Act) to:

(a) make an application to the AIRC; or
(b) make an application to, or otherwise institute proceedings in, a court;

the provision is also taken to authorise the ABC Commissioner or an ABC Inspector to make such an application, or institute such proceedings, in any case where the application or proceedings relates to a matter that involves:

(d) a building industry participant; or
(e) building work.

(2)

If the ABC Commissioner or an ABC Inspector makes such an application, or institutes such proceedings, the Workplace Relations Act and any such instrument have effect, in relation to the application or proceedings, as if the ABC Commissioner or the ABC Inspector were an inspector (within the meaning of that Act).

(3)

Directions under subsection 84(5) of the Workplace Relations Act do not apply to the ABC Commissioner or an ABC Inspector in relation to such an application or such proceedings.

Power to apply under subsection 285A(3) or section 285F or 298T of the Workplace Relations Act

(4)

The ABC Commissioner or an ABC Inspector may make an application under subsection 285A(3) or section 285F or 298T of the Workplace Relations Act in any case where the application relates to a matter that involves:

(a) a building industry participant; or
(b) building work.

(5)

Subsection (4) does not, by implication, limit the persons who may make an application under subsection 285A(3) or section 285F or 298T of the Workplace Relations Act.