Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_46:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 46 (pt 1/2)
Character Range: 952575–955294

46  Particular powers of Commission

 (1) Subject to this Schedule, the Commission may do any of the following things in relation to an industrial dispute arising under this Schedule:
 (a) inform itself in any manner it considers appropriate;
 (b) take evidence on oath or affirmation;
 (c) give directions orally or in writing in the course of, or for the purposes of, procedural matters relating to the hearing or determination of the industrial dispute;
 (d) within the limits of the Commission's powers under this Schedule, vary or revoke a transitional award, order, direction, recommendation or other decision of the Commission made for the purposes of this Schedule;
 (e) dismiss a matter or part of a matter, or refrain from further hearing or from determining the industrial dispute or part of the industrial dispute, if it appears:
 (i) that the industrial dispute or part is trivial; or
 (ii) that the industrial dispute or part has been dealt with, is being dealt with or is proper to be dealt with by a State industrial authority; or
 (iii) that further proceedings are not necessary or desirable in the public interest; or
 (iv) that a party to the industrial dispute is engaging in conduct that, in the Commission's opinion, is hindering the settlement of the industrial dispute or another industrial dispute; or
 (v) that a party to the industrial dispute:
 (A) has breached a transitional award or order of the Commission or a Division 3 pre‑reform certified agreement (within the meaning of Schedule 14); or
 (B) has contravened a direction or recommendation of the Commission to stop industrial action; or
 (C) has contravened a recommendation of the Commission under clause 47;
 (f) hear and determine the industrial dispute in the absence of a party who has been summoned or served with a notice to appear;
 (g) sit at any place;
 (h) conduct the hearing of the industrial dispute, or any part of the hearing, in private;
 (i) adjourn the hearing of the industrial dispute to any time and place;
 (j) refer any matter to an expert and accept the expert's report as evidence;
 (k) if the industrial dispute is being dealt with by a Full Bench—direct a member of the Commission to consider a particular matter and prepare a report for the Full Bench on that matter;
 (l) allow the amendment, on such terms as it considers appropriate, of any application or other document relating to the industrial dispute;
 (m) correct, amend or waive any error, defect or irregularity, whether in substance or form;
 (n) summon before it the parties to the industrial dispute, the witnesses, and any other persons whose presence the Commission considers would help in the hearing or determination of the industrial