Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_135
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 135
Character Range: 189221–190593

135  Factors to be taken into account by Commission

  In considering whether to make an order under section 133, the Commission must have regard to the wishes of the employees who are affected by the dispute and, where the Commission considers it appropriate, is also to have regard to:
 (a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and
 (b) any agreement or understanding of which the Commission becomes aware that deals with the right of an organisation of employees to represent under this Schedule or the Workplace Relations Act the industrial interests of a particular class or group of employees; and
 (c) the consequences of not making an order for any employer, employees or organisation involved in the dispute; and
 (d) any other order made by the Commission, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the Commission considers to be relevant.

Note: Under section 135 of the Workplace Relations Act, the Commission may order that a vote of the members of an organisation concerned in the dispute be taken by secret ballot for the purpose of finding out their attitudes to the dispute.