Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_41:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 41 (pt 1/2)
Character Range: 941871–944488

41  Reference of disputes to Full Bench

 (1) A reference in this clause to a part of an industrial dispute includes a reference to:
 (a) an industrial dispute so far as it relates to a matter in dispute; or
 (b) a question arising in relation to an industrial dispute.

 (2) If a proceeding in relation to an industrial dispute or an alleged industrial dispute is before a member of the Commission, a party to the proceeding or the Minister may apply to the member:
 (a) in the case of a proceeding in relation to an alleged industrial dispute—to have the proceeding dealt with by a Full Bench because the subject matter of the proceeding is of such importance that, in the public interest, the proceeding should be dealt with by a Full Bench; or
 (b) in the case of a proceeding by way of conciliation or arbitration—to have the industrial dispute or a part of the industrial dispute dealt with by a Full Bench because the industrial dispute or the part of the industrial dispute is of such importance that, in the public interest, it should be dealt with by a Full Bench.

Note: An industrial dispute must not be dealt with by arbitration unless it is about a matter referred to in subclause 29(2)—see clause 38.

 (3) An application under paragraph (2)(a) may be accompanied by an application under paragraph (2)(b), to be dealt with if the application under paragraph (2)(a) is granted and there is a finding that there is an industrial dispute.

 (4) If an application is made under subclause (2) to a member of the Commission other than the President:
 (a) the member must refer the application to the President to be dealt with; and
 (b) the President must confer with the member about whether the application should be granted.

 (5) If the President is of the opinion:
 (a) in the case of an application under paragraph (2)(a)—that the subject matter of the proceeding is of such importance that, in the public interest, the proceeding should be dealt with by a Full Bench; or
 (b) in the case of an application under paragraph (2)(b)—that the industrial dispute or the part of the industrial dispute is of such importance that, in the public interest, it should be dealt with by a Full Bench;
the President must grant the application.

 (6) If the President grants an application under paragraph (2)(a):
 (a) the Full Bench must, if it considers 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