Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p18
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 44503–47226

behalf or on behalf of themselves and one or more other persons aggrieved by the act; or

    (c)     a person or persons who are in a class of persons aggrieved by the act, on behalf of all the persons in the class; or

    (d)     a trade union, on behalf of one or more of its members aggrieved by the act or on behalf of a class of its members aggrieved by the act.

"(2) If the Commission receives a complaint under this section, the Commission must notify the Commissioner accordingly.

"(3) If it appears to the Commissioner that the act is a discriminatory act, the Commissioner must refer the award to the Australian Industrial Relations Commission. However, the Commissioner need not refer the award if the Commissioner is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance.

"(4) If the Commissioner decides not to refer the award, the Commissioner must give notice in writing of that decision to the complainant or each of the complainants, together with notice of the reasons for the decision and of the rights conferred by subsection (5).
SCHEDULE—continued

"(5) A complainant who receives a notice under subsection (4) may, within 21 days after receipt, give a notice in writing to the Commissioner requiring the Commissioner to refer the decision to the President.

"(6) If the Commissioner receives a notice under subsection (5), the Commissioner must refer the decision to the President together with a report about the decision.

"(7) If the Commissioner refers the award to the Australian Industrial Relations Commission, the Commissioner must give notice in writing of the outcome of the referral to the complainant or each of the complainants.

"(8) The Commissioner may obtain documents or information under section 54 for the purposes of this section.

  "(9) In this section:

'award' has the same meaning as in the Industrial Relations Act 1988;

'discriminatory act under an award' means an act that would be unlawful under Part II except for the fact that the act was done in direct compliance with an award made under the Industrial Relations Act 1988. For the purposes of this definition, the fact that an act is done in direct compliance with the award does not of itself mean that the act is reasonable;

'trade union' has the same meaning as in section 50.

President may review a decision of the Commissioner not to refer an award

"50B.(1) This section applies if the Commissioner refers to the President under subsection 50A(6) a decision of the Commissioner not to refer an award to the Australian Industrial Relations Commission.

"(2) The President must review the Commissioner's decision and must decide either:

  (a)     to confirm the