New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 294

294 Determination of demarcation questions concerning interests of industrial organisations of employees

(1) The Commission may, by its order, determine any question as to the demarcation of the industrial interests of industrial organisations of employees (
"demarcation order" ).

(2) A demarcation order may be made on the Commission's own initiative or on application by an industrial organisation, an employer or a State peak council.

(3) The Commission must not make a demarcation order unless it is satisfied that--

(a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, employee or member of the organisation, is preventing, obstructing or restricting the performance of work, or

(b) the consequences referred to in paragraph (a) have ceased, but are likely to recur or are imminent, as a result of such conduct or threatened conduct.

(4) In considering whether to make a demarcation order, the Commission must have regard to the wishes of the employees who are affected by the dispute and, if the Commission considers it appropriate, is also to have regard to the following--

(a) the effect of any order on the operations of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute,

(b) any agreement or understanding of which the Commission becomes aware that deals with the right of an industrial organisation of employees to represent under this Act the industrial interests of a particular class or group of employees,

(c) the consequences of not making an order for any employer, employees or organisation involved in the dispute,

(d) any other order made by the Commission in relation to another demarcation dispute involving the organisation to which the demarcation order would relate that the Commission considers to be relevant.