Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SECT 12

12. Section 111 of the Principal Act is amended:

   (a)  by inserting after subsection (1) the following subsection:

"(1AA) The Commission must not, in relation to an industrial dispute, dismiss
or refrain as mentioned in paragraph (1)(g) because of subparagraph (1)(g)
(i), (ii) or (iii) unless it has made a determination and findings under
section 101 in relation to the dispute.";

   (b)  by inserting after subsection (1C) the following subsections:

"(1D) The Commission must decide as quickly as it can whether to make an
interim award if it considers that:

   (a)  such an award may be necessary to protect for an interim period the
        wages and conditions of employment of the employees whom it would
        cover; or

   (b)  making such an award will facilitate the certifying under Division 2
        of Part VIB of an agreement covering employees who are not already
        covered by an award; or

   (c)  making such an award will facilitate the approval under Division 3 of
        Part VIB of an agreement covering employees who are not already
        covered by an award.

"(1E) Subsection (1D) does not limit:

   (a)  the cases where the Commission may decide to make an interim award; or

   (b)  the matters to which the Commission may have regard in deciding
        whether to make such an award.

"(1F) Paragraph (1D)(b) does not affect the Commission's duty to consider
whether to dismiss or refrain, as mentioned in paragraph (1)(g), because of
subparagraph (1)(g)(ii).

"(1G) In determining an application for the Commission to dismiss or refrain
as mentioned in paragraph (1)(g) because of subparagraph (1)(g)(ii) or (iii),
the Commission must give particular weight to the benefits of not disturbing a
particular employment agreement (as defined in subsection (1A)) if the
application is made on the ground, or on grounds including the ground, that:

   (a)  the matter or part, or the industrial dispute or part, concerns terms
        and conditions of employment of a particular kind and application; and

   (b)  terms and conditions of that kind and application are regulated by the
        employment agreement; and

   (c)  a State industrial authority could have prevented the employment
        agreement from coming into force if the authority had considered that:

        (i)    the agreement would result in the reduction of any entitlements
               or protections of employees under:

                (A)  a State award; or

                (B)  any law of the State that the authority thought relevant;
                     and

        (ii)   in the context of those employees' terms and conditions
               considered as a whole, the reduction would be contrary to the
               public interest.

"(1H) Subsection (1G) does not limit the matters to which the Commission may
have regard in considering whether to dismiss or refrain as mentioned in
paragraph (1)(g).".
(c) by inserting in subsection (2) "(except subsection (1AA))" after
"section".