Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 265

265 Enforcing commission’s orders

(1) The commission may direct an order about a dispute to—

(a) an organisation; or

(b) a person in a capacity as an officer or agent of an organisation; or

(c) any other person.

(2) If an order may be directed to an organisation or a person, the commission may direct the order to the person only after considering whether it would be more appropriate to direct the order to the organisation.

(3) An order must—

(a) if the order is made against a person—state the person’s name; and

(b) state a time for complying with the order; and

(c) direct any of the following to file an affidavit with the registrar within a stated time—

(i) the organisation or person to whom the order is directed;

(ii) the party to the proceedings who sought the order;

(iii) any other party to the proceedings the commission considers appropriate.

(4) An affidavit under subsection (3) (c) must state whether there has been compliance with the order and, if the order has not been complied with, the steps the person is aware of that have been taken to comply.

(5) The commission may extend a time stated under subsection (3) (b) or (c) .

(6) At the end of the time stated or extended for filing an affidavit, the registrar must—

(a) examine all affidavits filed; and

(b) if not all affidavits required to be filed have been filed by that time—make all necessary further inquiries; and

(c) having examined the affidavits filed and made the inquiries necessary, decide whether there has been substantial compliance with the order.

(7) If the registrar is not satisfied that there has been substantial compliance with the order, the registrar must issue a notice (a
"show cause notice" ) under the rules calling on the organisation or person to whom the order was directed to show cause to the full bench at a stated time why the organisation or person should not be dealt with under section 266 .

(8) In this section—

"full bench" means the full bench constituted by 3 or more members, 1 of whom must be the president, vice-president or a deputy president (court).