Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_41:p2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 41 (pt 2/2)
Character Range: 944228–946051

that there is an industrial dispute, record findings under clause 35; and
 (b) if the application was accompanied by an application under paragraph (2)(b) that was granted—the Full Bench must, subject to subclause (9), hear and determine the industrial dispute or the part of the industrial dispute.

 (7) If the President grants an application under paragraph (2)(b), the Full Bench must, subject to subclause (8), hear and determine the industrial dispute or the part of the industrial dispute and, in the hearing, may have regard to any evidence given, and any arguments adduced, in arbitration proceedings in relation to the industrial dispute, or the part of the industrial dispute, before the Full Bench commenced the hearing.

 (8) If the President grants an application under paragraph (2)(b) in relation to an industrial dispute:
 (a) the Full Bench may refer a part of the industrial dispute to a member of the Commission to hear and determine; and
 (b) the Full Bench must hear and determine the rest of the industrial dispute.

 (9) The President or a Full Bench may, in relation to the exercise of powers under this clause, direct a member of the Commission to provide a report in relation to a specified matter.

 (10) The member must, after making such investigation (if any) as is necessary, provide a report to the President or Full Bench, as the case may be.

 (11) The President may before a Full Bench has been established for the purpose of hearing and determining, under this clause, an industrial dispute or part of an industrial dispute, authorise a member of the Commission to take evidence for the purposes of the hearing and determination, and:
 (a) the member has the powers of a person authorised to take evidence under subclause 46(3); and
 (b) the Full Bench must have regard to the evidence.