Tasmanian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1984

- Act 21 of 1984
- Royal Assent 16 May 1984

TABLE OF PROVISIONS

           Long Title

   PART I - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Crown bound by Act

   PART II - Tasmanian Industrial Commission

           Division 1 - Constitution, &c., of the Commission

   5.      Constitution of the Commission
   6.      Provisions relating to appointment of Commissioners
   6A.      
   7.      Oath or affirmation of office
   8.      Judicial notice of official signatures of Commissioners
   9.      Protection of Commissioners
   10.     Substitute to act during absence of certain Commissioners
   10A.     
   11.     Removal and suspension of Commissioners
   12.     Resignation from office
   13.     Exercise of powers and jurisdiction of the President and the Commission
   14.     Constitution of Full Bench of Commission
   15.     General functions and powers of President
   16.     Reference of industrial matters to Australian Commission for determination under this Act
   17.     Power of Commission to sit in joint proceedings
   18.     Staff of Commission

           Division 2 - Jurisdiction, functions and powers of the Commission

   19.     Jurisdiction of Commission
   19AA.   Commission to review matters under section 50 of the State Service Act 2000
   19AB.   Commission to determine remuneration, &c., of members of Parliament
   19A.    Commission may conduct dispute resolutions
   20.     Commission to act according to equity and good conscience
   21.     Procedure of Commission and associated matters
   22.     Powers of inspection

           Division 3 - Proceedings before the Commission

   23.     Applications for awards and variations of awards
   24.     Award hearings before Commissioner sitting alone
   25.     Award hearings before Full Bench
   26.     Proceedings may be in public or private
   27.     Intervention and appearances
   28.     Representation

           Division 4 - Hearings for settling disputes

   29.     Hearings for settling disputes
   30.     Criteria applying to disputes relating to termination of employment
   30A.    Employees under federal award
   31.     Orders arising from hearings

           Division 5 - Cooperation between State industrial tribunals

   31A.    Interpretation of Division
   31B.    Joint proceedings
   31C.    Commission may perform functions and exercise powers imposed and conferred under industrial law of another State

   PART III - Awards

           Division 1 - Power to make awards and related matters

   32.     Subject-matter of awards
   33.     Power of Commission to make awards in respect of private sector employment
   34.     Power of Commission to make awards in respect of public sector employment
   35.     Certain matters to be dealt with by Full Bench of Commission
   36.     Commission to be satisfied of public interest
   37.     Signature, operation and lodging of awards, &c.
   38.     Effect of awards
   39.     Validity of awards, &c.
   40.     Extension of awards by regulation
   41.     Formulation of grievance or dispute settling procedures
   42.     Award subject to Acts dealing with same subject-matter
   43.     Interpretation of awards
   44.     Evidence of awards, order, &c.
   45.     Disclosure of trade secrets

           Division 2 - Provisions in respect of industries or employment not otherwise subject to award or registered agreement

   46.     Application of Division
   47.     General provisions as to employment

           Division 2A - Minimum conditions of employment relating to all employees

   47AA.   Purpose and application of Division
   47AB.   Minimum weekly wage
   47AC.   Maximum ordinary working hours
   47AD.   Meal break
   47AE.   Annual leave
   47AF.   Personal leave
   47AG.   Parental leave
   47AH.   Redundancy
   47AI.   Payments to be based on ordinary pay
   47AJ.   Offence provision

           Division 3 - Enforcement of awards and registered agreements

   47A.    Enforcement of awards and registered agreements after transfer of business
   48.     Breach of awards and registered agreements
   49.     Remuneration fixed by award or registered agreement
   50.     Piecework rates
   50A.    Power to stand down without pay
   51.     Offences relating to remuneration
   52.     Remedy of employees
   53.     Employment subject to more than one award
   54.     Lock-outs and strikes

   PART IV - Industrial Agreements and Private Arbitration

   55.     Making of industrial agreements
   56.     Registration and evidence of agreement
   57.     Addition of parties to industrial agreements
   58.     Persons bound by agreement
   59.     Variation, &c., of agreement
   60.     Award not to apply while agreement is in force
   61.     Private conciliation and arbitration

   PART IVA - Enterprise Agreements

           Division 1 - Enterprise agreements

   61A.    Interpretation
   61B.    Purpose of enterprise agreement
   61C.    Single or separate enterprises
   61D.    Parties to enterprise agreement
   61E.    Content of enterprise agreement
   61F.    Minimum conditions of employment
   61G.    Formal considerations
   61H.    Lodgement of enterprise agreement
   61I.    Hearing
   61J.    Approval of enterprise agreement
   61K.    Withdrawal from enterprise agreement
   61L.    Registration of enterprise agreement
   61M.    Effect of registered enterprise agreement
   61N.    Persons bound by registered enterprise agreement
   61O.    Duration of registered enterprise agreement
   61P.    Variation of registered enterprise agreement
   61Q.    Notice to be given of working conditions
   61R.    Termination of registered enterprise agreement
   61S.    New enterprises

           Division 2 - Employee committees

   61T.    Decision to form employee committee
   61U.    Election of members of employee committee
   61V.    Periodic elections
   61W.    Function of employee committee
   61X.    Decisions and procedure
   61Y.    Casual vacancy
   61Z.    Dissolution

           Division 3 - .  .  .  .  .  .  .  .  

   61ZA.    
   61ZB.    
   61ZC.    

           Division 4 - Miscellaneous

   61ZD.   Secret ballots under this Part
   61ZE.   Register

   PART V - Registration of Organizations

   62.     Qualifications for registration
   63.     Registration of associations
   63A.     
   64.     Certificate of registration
   65.     Effect of registration
   65A.    Recall and re-issue of certificate of registration
   66.     Extension of entitlement of rights specified in section 65 to certain private employers and certain associations
   67.     Alteration of rules or constitutions of organizations
   67A.    Amalgamation of organizations
   68.     Cancellation of registration

   PART VI - Appeals

   69.     Interpretation of Part
   70.     Rights of appeal
   71.     Procedure on appeals
   72.     Provisions relating to finality of decisions of Full Bench

   PART VII - Records and Inspection

   73.      
   74.     Functions of Secretary
   75.     Records of employment and advice of pay details
   76.     Powers of inspectors
   77.     Right of entry of union officials
   78.     Service of requisitions on employers, &c.

   PART VIII - Miscellaneous

   79.     Employment of infirm persons
   80.     Employment of persons with disabilities in sheltered workshops, &c.
   81.     Employment of students
   82.     Appeals in respect of matters under sections 79, 80 and 81
   83.     Requirements as to secrecy of officers, &c.
   84.     Copies of awards and registered agreements
   85.     Awards and registered agreements prevail
   86.     Prohibition on victimisation
   87.     Freedom of association
   87A.    Responsibility of Secretary and Registrar for enforcement of certain provisions of Act
   88.     Service of documents
   89.     Protection from liability
   90.     Provision for change of names of certain bodies
   91.      
   92.     Proceedings for offences
   93.     Offences by bodies corporate
   94.     Costs of administration
   95.     Application of penalties, &c.
   96.     Regulations
   97.     Power of Governor to make orders altering amounts in relation to penalties in Act
   98.     Savings provision
   99.     Registered agreements and awards to remain in force
   100.    Validation and transitional
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3