Document ID: chunk:federal_register_of_legislation:C2004A04470:body:0:p19
Version: federal_register_of_legislation:C2004A04470
Segment Type: other
Provision Reference: 
Character Range: 46952–49866

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 Commissioner's decision; or

    (b)     to set aside the Commissioner's decision and to direct the Commissioner to refer the award in accordance with section 50A.

"(3) In spite of subsection (2), the President may refuse to review the Commissioner's decision unless the complainant gives the President such relevant information as the President requires.

"(4) The President must give written notice of a decision of the President under subsection (2) to the complainant and to the Commissioner. The notice must set out the reasons for the decision.".
SCHEDULE—continued

Sections 69 and 70:

  Repeal the sections, substitute:

Conditions for making a representative complaint

"69.(1) A representative complaint may be lodged under section 50 only if:

    (a)     the class members have complaints against the same person; and

    (b)     all the complaints are in respect of, or arise out of, the same, similar or related circumstances; and

    (c)     all the complaints give rise to a substantial common issue of law or fact.

  "(2) A representative complaint under section 50 must:

  (a)     describe or otherwise identify the class members; and

    (b)     specify the nature of the complaints made on behalf of the class members; and

  (c)     specify the nature of the relief sought; and

    (d)     specify the questions of law or fact that are common to the complaints of the class members.

In describing or otherwise identifying the class members, it is not necessary to name them or specify how many there are.

"(3) A representative complaint may be lodged without the consent of class members.

Commission may determine that a complaint is not to continue as a representative complaint

"70.(1) The Commission may, on application by the respondent or of its own motion, determine that a complaint should no longer continue as a representative complaint.

"(2) The Commission may only make such a determination if it is satisfied that it is in the interests of justice to do so for any of the following reasons:

    (a)     the costs that would be incurred if the complaint were to continue as a representative complaint are likely to exceed the costs that would be incurred if each class member lodged a separate complaint;

    (b)     the representative complaint will not provide an efficient and effective means of dealing with the complaints of the class members;

    (c)     the complaint was not brought in good faith as a representative complaint;
SCHEDULE—continued

     (d) it is otherwise inappropriate that the complaints be pursued by means of a representative complaint.

  "(3) If the Commission