New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 380

380 Small claims during other Commission hearings

(1) An industrial organisation may, during any proceedings before the Commission, make an application for an order under this Part and for the application to be dealt with under section 379 (Small claims procedure).

(2) Such an application may be made only if the order is sought against another party to the proceedings.

(3) The Commission must not deal with the matter until the party against whom the order is sought is given adequate prior notice of the application and an opportunity to be heard on the application.

(4) The Commission may deal with the matter even though it is not constituted as the Commission in Court Session.

(5) The Commission may, instead of dealing with the matter, remit it to an industrial court constituted by an Industrial Magistrate for determination.

(6) An order made in accordance with this section is to be made separately from any other order in the proceedings.

(7) This section is not to be construed as excluding an application for an order being made in respect of a former employee.