South Australian Numbered Acts

TRAINING AND SKILLS DEVELOPMENT ACT 2003 (NO 10 OF 2003) - SCHEDULE 1

Schedule 1—Grievances and Disputes Mediation Committee

1         For the purpose of constituting the Grievances and Disputes Mediation Committee to hear a grievance under Part 3, the Minister must, on the advice of the Commission, establish a panel of not more than 7 persons.

2         For the purpose of constituting the Grievances and Disputes Mediation Committee to hear a dispute or grievance under Part 4, the Minister must—

            (a)         on the advice of the Commission and after consultation with State employer associations, establish a panel of not more than 4 persons; and

            (b)         on the advice of the Commission and after consultation with the United Trades and Labor Council, establish a panel of not more than 4 persons.

3         Membership of a panel—

            (a)         under clause 1 will include persons who together have, in the Minister's opinion, the abilities and experience required for the effective performance of the Grievances and Disputes Mediation Committee's functions under Part 3;

            (b)         under clause 2 will include persons who together have, in the Minister's opinion, the abilities and experience required for the effective performance of the Committee's functions under Part 4.

4         A member of a panel will be appointed by the Minister for a term of office not exceeding 2 years and on conditions determined by the Minister and specified in the instrument of appointment.

5         A member of a panel will, on the expiration of a term of office, be eligible for reappointment.

6         Subject to clause 7, the member of the Commission appointed to chair proceedings of the Grievances and Disputes Mediation Committee must—

            (a)         if hearing a grievance under Part 3—select at least 2 but not more than 4 members from the panel under clause 1; and

            (b)         if hearing a dispute or grievance under Part 4—select equally 1 or 2 members from each of the panels under clause 2,

to sit with the Committee to hear and determine a matter referred to the Committee.

7         A member of a panel who has a personal or a direct or indirect pecuniary interest in a matter before the Grievances and Disputes Mediation Committee is disqualified from participating in the hearing of the matter.

8         If the member of the Commission appointed to chair meetings of the Grievances and Disputes Mediation Committee dies or is for any reason unable to continue with any proceedings before the Committee, the Commission may, under Division 4 of Part 2, appoint another member of the Commission to preside at, continue and complete the proceedings.

9         If a member of a panel dies or is for any reason unable to continue with any proceedings before the Grievances and Disputes Mediation Committee, the Committee constituted of the member presiding at the proceedings and the other member or members of the panel may, if the member presiding so determines, continue and complete the proceedings.