Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_42:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 42 (pt 1/2)
Character Range: 946054–948670

42  President may deal with certain proceedings

 (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) The President may, whether or not another member of the Commission has begun to deal with a particular proceeding in relation to an alleged industrial dispute or an industrial dispute, decide to deal with the proceeding.

 (3) If the President decides to deal with the proceeding, then, unless the President considers that the proceeding does not relate to an industrial dispute:
 (a) the President must make such findings (if any) in relation to the proceeding as are required to be made by clause 35 and have not already been made by another member of the Commission; and
 (b) the President must:
 (i) if the President is of the opinion that it would assist the settlement of the industrial dispute or a part of the industrial dispute—endeavour to settle the industrial dispute or the part of the industrial dispute by conciliation; and
 (ii) if the President is not of that opinion, or has not been able to settle the industrial dispute or a part of the industrial dispute by conciliation:
 (A) hear and determine the industrial dispute or the part of the industrial dispute; or
 (B) refer the industrial dispute or the part of the industrial dispute to 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.

 (4) If the President refers the industrial dispute or the part of the industrial dispute to a Full Bench, the Full Bench must hear and determine the industrial dispute or the part of the industrial dispute.

 (5) In the hearing of an industrial dispute or a part of an industrial dispute by the President under subclause (3) or by a Full Bench under subclause (4), the President or Full Bench 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 President or Full Bench commenced to deal with the proceeding concerned.

 (6) If the President has under subclause (3) referred an industrial dispute to a Full Bench:
 (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.

 (7) If, before an industrial dispute is dealt with by the President under