Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SECT 21

21. After Part VI of the Principal Act the following Part is inserted:
               "PART VIA-MINIMUM ENTITLEMENTS OF EMPLOYEES


"Division 1-Minimum wages Object

"170AA. The object of this Division is to give effect, or further effect, to
the Minimum Wages Convention. Meaning of expressions

"170AB. Expressions used in this Division that are also used in the Minimum
Wages Convention have the same meanings as in the Convention. Orders

"170AC. Subject to this Part, the Commission may make an order setting:

   (a)  the same minimum wage for all employees in a group specified in the
        order; or

   (b)  different minimum wages for different categories of employees in a
        group specified in the order. Orders only on application

"170AD. The Commission must not make such an order unless it has received an
application for the making of an order under this Division from an employee,
or a trade union whose rules entitle it to represent the industrial interests
of employees, included in the group to be covered by the order. When
Commission must make order

"170AE.(1) The Commission must make an order if, and must not make an order
unless, it is satisfied:

   (a)  that the terms of employment of the group of employees to be covered
        by the order are such that coverage by a system of minimum wages is
        appropriate; and

   (b)  at least some of the employees in the group are not ineligible under
        subsection (3).

"(2) An order must specify, and exclude from the order's operation, such of
the employees in the group covered by the order as are ineligible under
subsection

(3) when the order is made.

"(3) For the purposes of subsections (1) and (2), an employee is ineligible
if, and only if:

   (a)  minimum wages for the employee, or for employees including him or her,
        can be set and adjusted from time to time by a State arbitrator; or

   (b)  minimum wages for the employee, or for employees including him or her,
        are set by an award within the meaning of this Act; or

   (c)  there are proceedings under Part VI that relate to setting, or
        adjusting from time to time, minimum wages for the employee, or for
        employees including him or her; or

   (d)  a State employment agreement sets minimum wages for the employee, or
        for employees including him or her.

"(4) Before deciding what group an order should cover, and whether it is
satisfied as mentioned in paragraph (1)(a), the Commission must:

   (a)  give:

        (i)    each trade union whose rules entitle it to represent the
               industrial interests of any of the employees concerned; and

        (ii)   each organisation or association representing employers of any
               of those employees; an opportunity to express their respective
               views to the Commission; and

   (b)  take into account the views (if any) expressed to it by any of the
        bodies referred to in subparagraphs (a)(i) and (ii) of this
        subsection.

"(5) Before making an order, the Commission must give each of the following an
opportunity, as prescribed, to be heard in relation to the making of the
order:

   (a)  the person who applied for the order;

   (b)  each employer of employees to be covered by the order.

"(6) In this section:
'compulsory arbitration' means the power to set minimum wages by arbitration:

   (a)  without the agreement of some or all of the employers and employees
        who would be affected by the arbitration (or their representative
        bodies); and

   (b)  whether after exhausting alternative means of settlement or otherwise;
'State arbitrator' means a State industrial authority that has the power, or
powers including the power, to set minimum wages by compulsory arbitration;
'State employment agreement' means an agreement that:

   (a)  was entered into under a State law; and

   (b)  sets minimum wages that, if the agreement had not been entered into,
        could have been set by a State arbitrator by compulsory arbitration;
        and

   (c)  prevails over any inconsistent order, award, decision or determination
        of a State industrial authority; and

   (d)  during a particular period, but only during that period, prevents
        those minimum wages from being set or adjusted by a State arbitrator
        by compulsory arbitration. Matters relevant to the level of minimum
        wages

"170AF. In setting the level of minimum wages under this Division, the
Commission must have regard to the principles it would apply in setting the
level of those minimum wages in performing its functions under Part VI, but
must also have regard, so far as possible and appropriate in relation to
Australian practice and conditions, to:

   (a)  the needs of workers and their families, taking into account the
        general level of wages in Australia, the cost of living, social
        security benefits and the relative living standards of other social
        groups; and

   (b)  economic factors, including the requirements of economic development,
        levels of productivity and the desirability of attaining and
        maintaining a high level of employment. Division not to limit other
        rights

"170AG. This Division is not intended to limit any right that a person or
trade union may otherwise have to establish minimum wages. Additional effect
of Division

"170AH.(1) Because of this section, this Division has the effect it would have
if section 170AA were repealed. That effect is additional to, and does not
prejudice, the effect that this Division has otherwise than because of this
section.

"(2) The Commission must determine by arbitration an application made under
this Division as it has effect because of this section.

"(3) The Commission may make an order under this Division (as it so has
effect) only if:

   (a)  it considers that the order is necessary to prevent an industrial
        dispute about minimum wages for employees; and

   (b)  it has given to each organisation or other person who, in its opinion,
        would be likely to be a party to the dispute an opportunity to be
        heard in relation to the making of the order.

"(4) An order so made must be expressed to bind only such of the following as
the order specifies:

   (a)  the organisations and other persons to whom the Commisson has given,
        as required by subsection (3), an opportunity to be heard;

   (b)  the respective members of those organisations.

"Division 2-Equal remuneration for work of equal value Object "170BA. The
object of this Division is to give effect, or further effect, to:

   (a)  the Anti-Discrimination Conventions; and

   (b)  the Equal Remuneration Recommendation, 1951, which the General
        Conference of the International Labour Organisation adopted on 29 June
        1951 and is also known as Recommendation No. 90, and a copy of the
        English text of which is set out in Schedule 7; and

   (c)  the Discrimination (Employment and Occupation) Recommendation, 1958,
        which the General Conference of the International Labour Organisation
        adopted on 25 June 1958 and is also known as Recommendation No. 111,
        and a copy of the English text of which is set out in Schedule 9.
        Equal remuneration for work of equal value

"170BB.(1) A reference in this Division to equal remuneration for work of
equal value is a reference to equal remuneration for men and women workers for
work of equal value.

"(2) An expression has in subsection (1) the same meaning as in the Equal
Remuneration Convention. Note: Article 1 of the Convention provides that the
term 'equal remuneration for men and women workers for work of equal value'
refers to rates of remuneration established without discrimination based on
sex. Orders requiring equal remuneration

"170BC.(1) Subject to this Division, the Commission may make such orders as it
considers appropriate to ensure that, for employees covered by the orders,
there will be equal remuneration for work of equal value.

"(2) Without limiting subsection (1), an order under this Division may provide
for such increases in rates (including minimum rates) of remuneration (within
the meaning of the Equal Remuneration Convention) as the Commission considers
appropriate to ensure that, for employees covered by the order, there will be
equal remuneration for work of equal value.

"(3) However, the Commission may make an order under this Division only if:

   (a)  the Commission is satisfied that, for the employees to be covered by
        the order, there is not equal remuneration for work of equal value;
        and

   (b)  the order can reasonably be regarded as appropriate and adapted to
        giving effect to:

        (i)    one or more of the Anti-Discrimination Conventions; or

        (ii)   the provisions of the Recommendation referred to in paragraph
               170BA(b) or (c). Orders only on application

"170BD. The Commission must only make such an order if it has received an
application for the making of an order under this Division from:

   (a)  an employee, or a trade union whose rules entitle it to represent the
        industrial interests of employees, to be covered by the order; or

   (b)  the Sex Discrimination Commissioner. No order if adequate alternative
        remedy exists

"170BE. The Commission must refrain from considering the application, or from
determining it, if the Commission is satisfied that there is available to the
applicant, or to the employees whom the applicant represents, an adequate
alternative remedy that:

   (a)  exists under a law of the Commonwealth (other than this Division) or
        under a law of a State or Territory; and

   (b)  will ensure, for the employees concerned, equal remuneration for work
        of equal value. Immediate or progressive introduction of equal
        remuneration

"170BF. The order may implement equal remuneration for work of equal value
when the order takes effect. However, if it is not deemed feasible to
implement it immediately, the order may implement it in stages (as provided in
the order). Employer not to reduce remuneration

"170BG.(1) An employer must not reduce an employee's remuneration (within the
meaning of the Equal Remuneration Convention) for the reason, or for reasons
including the reason, that an application or order has been made under this
Division.

"(2) If subsection (1) is contravened, the purported reduction is of no
effect. Division not to limit other rights

"170BH. This Division is not intended to limit any right that a person or
trade union may otherwise have to secure equal remuneration for work of equal
value. Additional effect of Division

"170BI.(1) Because of this section, this Division has the effect it would have
if section 170BA were repealed and paragraph 170BC(3)(b) were omitted. That
effect is additional to, and does not prejudice, the effect that this Division
has otherwise than because of this section.

"(2) The Commission must determine by arbitration an application made under
this Division as it has effect because of this section.

"(3) The Commission may make an order under this Division (as it so has
effect) only if:

   (a)  it considers that the order is necessary to prevent an industrial
        dispute about equal remuneration for work of equal value; and

   (b)  it has given to each organisation or other person who, in its opinion,
        would be likely to be a party to the dispute an opportunity to be
        heard in relation to the making of the order.

"(4) An order so made must be expressed to bind only such of the following as
the order specifies:

   (a)  the organisations and other persons to whom the Commission has given,
        as required by subsection (3), an opportunity to be heard;

   (b)  the respective members of those organisations.
                 "Division 3-Termination of employment


"Subdivision A-Object and interpretation Object

"170CA.(1) The object of this Division is to give effect, or give further
effect, to:

   (a)  the Termination of Employment Convention; and

   (b)  the Termination of Employment Recommendation, 1982, which the General
        Conference of the International Labour Organisation adopted on 22 June
        1982 and is also known as Recommendation No. 166, and a copy of the
        English text of which is set out in Schedule 11.

"(2) Without limiting subsection (1), the references in paragraph 170DF(1)(f)
to sexual preference, age and physical or mental disability, have been
included in order to give effect, or further effect, to:

   (a)  the Convention concerning Discrimination in respect of Employment and
        Occupation, a copy of the English text of which is set out in Schedule
        1 to the Human Rights and Equal Opportunity Commission Act 1986; and

   (b)  the Recommendation referred to in paragraph 170BA(c).

"(3) Without limiting subsection (1), the reference in paragraph 170DF(1)(g)
to other parental leave has been included in order to give effect, or further
effect, to the Family Responsibilities Convention and to the Recommendation
referred to in paragraph 170KA(1)(b). Interpretation

"170CB. An expression has the same meaning in this Division as in the
Termination of Employment Convention. Regulations may exclude employees as
permitted by Convention

"170CC. The regulations may exclude specified employees from the operation of
specified provisions of this Division. An exclusion has effect only if:

   (a)  it is permitted by paragraph 2 of Article 2 of the Termination of
        Employment Convention; and

   (b)  it is limited in such a way as to provide adequate safeguards as
        mentioned in paragraph 3 of that Article.

"Subdivision B-Requirements for lawful termination of employment Commencement
of Subdivision

"170DA.(1) Subject to subsection (2), this Subdivision (except this section)
commences on a day, not earlier than 26 February 1994, to be fixed by
Proclamation.

"(2) If this Subdivision (except this section) does not commence under
subsection (1) within the period of 6 months beginning on the day on which the
Industrial Relations Reform Act 1993 received the Royal Assent, it commences
on the first day after the end of that period. Employee to be given notice of
termination

"170DB.(1) An employer must not terminate an employee's employment unless:

   (a)  the employee has been given either the period of notice required by
        subsection (2), or compensation instead of notice; or

   (b)  the employee is guilty of serious misconduct, that is, misconduct of a
        kind such that it would be unreasonable to require the employer to
        continue the employment during the notice period.

"(2) The required period of notice is first worked out using this table:
    Employee's period of continuous                 Period of notice

    service with the employer                       At least 1 week

    Not more than 1 year                            At least 2 weeks

    More than 1 year but not more than 3 years      At least 3 weeks

    More than 3 years but not more than 5 years     At least 4 weeks

More than 5 years The period of notice is increased by one week if the
employee is over 45 years old and has completed at least 2 years continuous
service with the employer.

"(3) The regulations may prescribe events or other matters that must be
disregarded, or must in prescribed circumstances be disregarded, in
ascertaining a period of continuous service for the purposes of subsection
(2).

"(4) The amount of compensation instead of notice must equal or exceed the
total of all amounts that, if the employee's employment had continued until
the end of the required period of notice, the employer would have become
liable to pay to the employee because of the employment continuing during that
period.

"(5) That total must be worked out on the basis of:

   (a)  the employee's ordinary hours of work (even if they are not standard
        hours); and

   (b)  the amounts payable to the employee in respect of those hours,
        including (for example) allowances, loadings and penalties; and

   (c)  any other amounts payable under the employee's contract of employment.
        Employee to have opportunity to respond to allegations

"170DC. An employer must not terminate an employee's employment for reasons
related to the employee's conduct or performance unless:

   (a)  the employee has been given the opportunity to defend himself or
        herself against the allegations made; or

   (b)  the employer could not reasonably be expected to give the employee
        that opportunity. Employer to notify CES of proposed terminations in
        certain cases

"170DD.(1) This section applies if, on or after 26 February 1994, an employer
decides to terminate the employment of 15 or more employees for reasons of an
economic, technological, structural or similar nature, or for reasons
including such reasons.

"(2) As soon as practicable after so deciding, the employer must give to the
Commonwealth Employment Service a written notice of the intended terminations
that sets out:

   (a)  the reasons for the terminations; and

   (b)  the number and categories of employees likely to be affected; and

   (c)  the time when, or the period over which, the employer intends to carry
        out the terminations.

"(3) The employer must not terminate an employee's employment pursuant to the
decision unless the employer has complied with subsection (2). Harsh, unjust
or unreasonable termination

"170DE.(1) An employer must not terminate an employee's employment unless
there is a valid reason, or valid reasons, connected with the employee's
capacity or conduct or based on the operational requirements of the
undertaking, establishment or service.

"(2) A reason is not valid if, having regard to the employee's capacity and
conduct and those operational requirements, the termination is harsh, unjust
or unreasonable. This subsection does not limit the cases where a reason may
be taken not to be valid. Employer not to terminate on certain grounds

"170DF.(1) An employer must not terminate an employee's employment for any one
or more of the following reasons, or for reasons including any one or more of
the following reasons:

   (a)  temporary absence from work because of illness or injury;

   (b)  union membership or participation in union activities outside working
        hours or, with the employer's consent, during working hours;

   (c)  non-membership of a union or of an association that has applied to be
        registered as a union under the provisions of this Act;

   (d)  seeking office as, or acting or having acted in the capacity of, a
        representative of employees;

   (e)  the filing of a complaint, or the participation in proceedings,
        against an employer involving alleged violation of laws or regulations
        or recourse to competent administrative authorities;

   (f)  race, colour, sex, sexual preference, age, physical or mental
        disability, marital status, family responsibilities, pregnancy,
        religion, political opinion, national extraction or social origin;

   (g)  absence from work during maternity leave or other parental leave.

"(2) Subsection (1) does not prevent a matter referred to in paragraph (1)(f)
from being a reason for terminating employment if the reason is based on the
inherent requirements of the particular position.

"(3) Subsection (1) does not prevent a matter referred to in paragraph (1)(f)
from being a reason for terminating a person's employment as a member of the
staff of an institution that is conducted in accordance with the doctrines,
tenets, beliefs or teachings of a particular religion or creed, if the
employer terminates the employment in good faith in order to avoid injury to
the religious susceptibilities of adherents of that religion or creed.
Employer not to contravene Commission order about employment termination

"170DG. An employer must not terminate an employee's employment in
contravention of an order in force under section 170FA.

"Subdivision C-Remedies in respect of unlawful termination Application to
Court in respect of termination of employment

"170EA.(1) A person ('the employee') may apply to the Court for a remedy in
respect of termination of his or her employment.

"(2) A trade union whose rules entitle it to represent the industrial
interests of a person ('the employee') may, on the employee's behalf, apply to
the Court for a remedy in respect of termination of the employee's employment.

"(3) An application must be made:

   (a)  within 14 days after the employee receives written notice of the
        termination; or

   (b)  within such further period as the Court allows on an application made
        during or after those 14 days.

"(4) Unless the Court otherwise orders, the parties to an application are the
employer, the employee and, if the application is made under subsection (2),
the trade union. Court must decline jurisdiction if adequate alternative
remedy exists

"170EB. The Court must decline to consider or determine an application under
section 170EA if satisfied that there is available to the employee by or on
whose behalf the application was made an adequate alternative remedy, in
respect of the termination, under existing machinery that satisfies the
requirements of the Termination of Employment Convention. Court to refer
matter to Commission for conciliation

"170EC. The Court is not to consider the merits of an application under
section 170EA unless:

   (a)  the Court has referred the matter to the Commission for conciliation
        and the Commission has certified that it has been unable to settle the
        matter; or

   (b)  the Court is satisfied that it is not appropriate so to refer the
        matter. Commission to conciliate

"170ED.(1) When the Court refers to the Commission for conciliation a matter
to which an application under section 170EA relates, the Commission must
inquire into the matter and try to help the parties to the application agree
on terms for settling the matter.

"(2) If the Commission decides that the matter cannot be settled by
conciliation, or by further conciliation, within a reasonable period, the
Commission must prepare a certificate that specifies the matter and states
that the Commission has been unable to settle it by conciliation.

"(3) The Commission must give the certificate to the Registrar of the Court
and a copy to each of the parties.

"(4) To avoid doubt, the Commission's functions under this section are
additional to its other functions, and are not subject to any implied
limitations arising from the existence of any of its other functions. Remedies
the Court may grant

"170EE.(1) After considering the merits of an application under section 170EA,
the Court, unless satisfied that the termination of the employee's employment
contravened no provision of this Division (other than section 170DD) may make
such orders as it thinks appropriate in order to put the employee in the same
position (as nearly as can be done) as if the employment had not been
terminated.

"(2) The orders the Court may make include, for example:

   (a)  an order declaring the termination to have contravened this Division;

   (b)  an order requiring the employer to reinstate the employee;

   (c)  an order that the employer pay compensation to the employee.

"(3) However, the Court is not to order the employer to reinstate the employee
if the Court is satisfied that the termination contravened no provision of
this Division (other than section 170DB or 170DD).

"(4) Nothing in section 170EC or in this section limits the Court's power to
make an interim or interlocutory order in relation to an application under
section 170EA. Penalty for contravening section 170DD

"170EF.(1) If the Court is satisfied that an employer has contravened
subsection 170DD(2) in relation to a decision to terminate the employment of
employees, the Court may do either or both of the following:

   (a)  make an order imposing on the employer a penalty of not more than
        $1,000;

   (b)  order the employer not to terminate the employment of employees
        pursuant to the decision, except as permitted by the order.

"(2) An application for an order or orders under subsection (1) may be made
by:

   (a)  an inspector; or

   (b)  an employee whose employment has been or is proposed to be terminated
        pursuant to the employer's decision; or

   (c)  an organisation whose members include such an employee; or

   (d)  an officer or employee of such an organisation, if the organisation's
        rules authorise the officer or employee to sue on the organisation's
        behalf.

"(3) A proceeding under subsection (2) must begin within 6 years after the
contravention of subsection 170DD(2). Contravention of Subdivision B not an
offence

"170EG. A contravention of Subdivision B is not an offence. Injunction under
section 431 not available

"170EH. Section 431 does not apply to a contravention or proposed
contravention of Subdivision B.

"Subdivision D-Commission orders giving effect to Articles 12
and 13 of Convention Employment termination orders creating rules of general
application

"170FA.(1) Subject to this Part, the Commission may, at any time on or after
26 February 1994, make an order for the purpose of giving effect to the
requirements of Article 12 (in so far as it relates to a severance allowance
or other separation benefits) or 13 of the Termination of Employment
Convention in relation to the termination of employment of employees.

"(2) In so far as an order is made for the purposes of Article 13 of that
Convention, the Commission must limit the order's application to cases where
an employer decides to terminate the employment of a number of employees that
is not less than a number (not less than 15) that is specified in the order.
Orders only on application

"170FB. The Commission must not make an order under section 170FA unless it
has received an application for the making of the order from an employee, or a
trade union whose rules entitle it to represent the industrial interests of
employees, to be covered by the order. No order if adequate alternative exists

"170FC. The Commission must refrain from considering the application, or from
determining it, if the Commission is satisfied that there is an adequate
alternative mechanism by which effect will be given to the requirements of the
Articles referred to in section 170FA in relation to the employees concerned.
Powers and procedures of Commission for dealing with applications

"170FD. Division 2 of Part VI, and section 111, have the same operation in
relation to an application for an order under section 170FA as they would have
if the application were the notification of an industrial dispute.
Commission's powers not limited by Subdivision E

"170FE. Nothing in Subdivision E limits the Commission's powers under this
Subdivision.

"Subdivision E-Commission orders after employer fails to consult
trade union about terminations Orders by Commission where employer fails to
consult trade union about terminations

"170GA.(1) Subsection (2) applies if the Commission is satisfied that an
employer has, on or after 26 February 1994, decided to terminate the
employment of 15 or more employees for reasons of an economic, technological,
structural or similar nature, or for reasons including such reasons, and that:

   (a)  the employer did not, as soon as practicable after so deciding and in
        any event before terminating an employee's employment pursuant to the
        decision, inform each trade union of which any of the employees was a
        member, and which represented the industrial interests of such of
        those employees as were members, about:

        (i)    the terminations and the reasons for them; and

        (ii)   the number and categories of employees likely to be affected;
               and

        (iii)  the time when, or the period over which, the employer intended
               to carry out the terminations; or

   (b)  the employer did not, as soon as practicable after so deciding and in
        any event before terminating an employee's employment pursuant to the
        decision, give each such trade union an opportunity to consult with
        the employer on:

        (i)    measures to avert the termination, or avert or minimise the
               terminations; and

        (ii)   measures (such as finding alternative employment) to mitigate
               the adverse effects of the termination or terminations. "(2)
               The Commission may make whatever orders it thinks appropriate,
               in the public interest, in order to put the employees whose
               employment was terminated pursuant to the decision, and each
               such trade union, in the same position (as nearly as can be
               done) as if:

   (a)  if paragraph (1)(a) applies-the employer had so informed the trade
        union; and

   (b)  if paragraph (1)(b) applies-the employer had so given the trade union
        such an opportunity.

"(3) Subsections (1) and (2) do not apply in relation to a trade union if the
employer could not reasonably be expected to have known at the time of the
decision that one or more of the employees were members of the trade union.
Orders only on application

"170GB. The Commission must not make an order under section 170GA unless it
has received an application for the making of the order from:

   (a)  an employee or trade union whose position is to be affected by the
        order as mentioned in subsection 170GA(2); or

   (b)  a trade union whose rules entitle it to represent the industrial
        interests of such employees. No order if adequate alternative remedy
        exists

"170GC. The Commission must refrain from considering an application, or from
determining it, if the Commission is satisfied that there is available to the
applicant, or to the employees whom the applicant represents, an adequate
alternative remedy under machinery:

   (a)  that exists under a law of the Commonwealth (other than this Division)
        or under a law of a State or Territory; and

   (b)  by which effect will be given to the requirements of Article 13 of the
        Termination of Employment Convention in relation to the employees and
        trade unions concerned. Powers and procedures of Commission for
        dealing with applications

"170GD. Division 2 of Part VI, and section 111, have the same operation in
relation to an application for an order under section 170GA as they would have
if the application were the notification of an industrial dispute.

"Subdivision F-Miscellaneous Inconsistent awards and orders

"170HA. On and after 26 February 1994, when the Termination of Employment
Convention takes effect, any award or order of the Commission that is
inconsistent with the requirements of that Convention does not have effect to
the extent of the inconsistency. Division not to limit other rights

"170HB. This Division is not intended to limit any right that a person or
trade union may otherwise have to appeal against termination of employment or
to secure the making of awards or orders relating to the termination of
employment.

"Division 4-Orders and proceedings Orders to be in writing

"170JA. An order of the Commission under this Part must be in writing. When
orders take effect

"170JB. An order of the Commission under this Part takes effect from the date
of the order or a later date specified in the order. Compliance with orders

"170JC.(1) Part VIII has the same effect in relation to orders under this Part
as it does in relation to awards.

"(2) For the purpose of applying Part VIII in that way, an order under this
Part is, unless the order provides otherwise, taken to bind all employers and
employees of the kind covered by the order (whether or not named or described
in the order).

"(3) In addition to any other right that an employee covered by an order under
this Part may have under Part VIII (as it applies in accordance with this
section), the employee may apply to the Court to enforce the order by
injunction or otherwise as the Court thinks fit. Variation and revocation of
orders

"170JD.(1) The Commission may vary or revoke an order under this Part on
application by:

   (a)  any employer, or representative of an employer, covered by the order
        (whether or not named or described in the order); or

   (b)  any employee, or representative of any employee, covered by the order
        (whether or not named or described in the order).

"(2) If the Commission is satisfied, on an application under this section,
that an order under Division 2 should be varied or revoked because of a change
in circumstances, the Commission must vary or revoke the order accordingly.

"(3) Subsection (2) does not limit the Commission's powers under subsection
(1). Application of sections 109, 110, 111, 128 and 129 to orders and
proceedings under this Part

"170JE.(1) Section 109 applies to an order under this Part as if it were an
order in relation to an industrial dispute.

"(2) A reference in section 110, subsection 111(2) or section 128 or 129 to a
proceeding before the Commission includes a reference to a proceeding under
this Part. This subsection is to avoid doubt and does not limit the generality
of those provisions.

"(3) Paragraph 111(1)(g) does not apply to a proceeding under this Part,
despite subsection 111(2) and subsection (2) of this section. Appeals to Full
Bench

"170JF. An appeal to a Full Bench under section 45 may be instituted by any
person who is entitled under section 170JD to apply for the variation or
revocation of an order under this Part. Inconsistency with awards or other
orders of Commission

"170JG. Any award or order of the Commission that is inconsistent with an
order under this Part does not have effect to the extent of the inconsistency.
Validity of State laws, awards etc.

"170JH. Sections 152 and 153 have the same effect in relation to orders of the
Commission under this Part as they have in relation to awards of the
Commission.

"Division 5-Parental leave Effect of Division

"170KA.(1) The object of this Division and Schedule 14 is to give effect, or
further effect, to:

   (a)  the Family Responsibilities Convention; and

   (b)  the Workers with Family Responsibilities Recommendation, 1981, which
        the General Conference of the International Labour Organisation
        adopted on 23 June 1981 and is also known as Recommendation No. 165,
        and a copy of the English text of which is set out in Schedule 13; by
        providing for a system of unpaid parental leave, and a system of
        unpaid adoption leave, that will help men and women workers who have
        responsibilities in relation to their dependent children:

   (c)  to prepare for, enter, participate in or advance in economic activity;
        and

   (d)  to reconcile their employment and family responsibilities.

"(2) In particular, Schedule 14 gives effect, or further effect, to the
Convention and the Recommendation by enabling either parent of a dependent
child to obtain leave of absence (parental leave), without relinquishing
employment, and with rights resulting from employment being safeguarded.
Schedule 14 refers to parental leave granted to the child's mother and her
spouse as maternity leave and paternity leave, respectively.

"(3) The child's mother is entitled to maternity leave, and her spouse is
entitled to paternity leave, totalling up to 52 weeks following the birth of
the child. Except for a period of one week at the time of the birth, maternity
leave and paternity leave cannot overlap, since their main purpose is to
enable the parent who is on leave to be the child's primary care-giver. The
purpose of the one-week overlapping period of leave is to enable both parents
to care for the child, and to enable the mother's spouse to give care and
support to the mother, during the period immediately following the birth.

"(4) Schedule 14 establishes minimum entitlements and so is intended to
supplement, and not to override, entitlements under other Commonwealth, State
and Territory legislation and awards.

"(5) The regulations will provide for an analogous system of unpaid adoption
leave. Application of Schedule 14

"170KB. The provisions of Schedule 14 have the force of law, in the same way
as if they were set out in this Division. Regulations may prescribe adoption
leave

"170KC. The regulations may provide for or in relation to giving effect to the
Family Responsibilities Convention, and the Recommendation referred to in
paragraph 170KA(1)(b), by providing for the granting by employers to employees
of unpaid adoption leave.

"Division 6-Leave to care for immediate family Commission to consider and make
recommendations about carer's leave

"170KAA.(1) This section applies unless an application is made by 1 March 1994
to the Commission for a test case to establish entitlements for employees to
leave of absence to provide care or support for a member of the employee's
immediate family who is ill.

"(2) As soon as practicable after 1 March 1994, the Commission must conduct a
hearing to determine the circumstances in which such leave should be granted,
the persons to whom it should be granted and the entitlements which should be
provided in relation to such leave to give effect, or further effect, to the
Family Responsibilities Convention and the Workers with Family
Responsibilities Recommendation.

"(3) The Commission must after making such a determination provide the
Minister, as soon as practicable, with recommendations for legislation to give
effect to the determination.".