Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_43
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 43
Character Range: 949311–950909

43  Review on application by Minister

 (1) The Minister may apply to the President for a review by a Full Bench of an order made for the purposes of this Schedule, or a decision relating to the making of such an order, made by a member of the Commission under this Schedule if it appears to the Minister that the order or decision is contrary to the public interest.

 (2) If an application is made to the President under subclause (1), the President must establish a Full Bench to hear and determine the application.

 (3) The Full Bench must, if in its opinion the matter is of such importance that, in the public interest, the order or decision should be reviewed, make such review of the order or decision as appears to it to be desirable having regard to the matters referred to in the application.

 (4) Subsections 45(4) to (8) apply in relation to a review under this clause in the same manner as they apply in relation to an appeal under section 45.

 (5) In a review under this clause:
 (a) the parties to the proceeding in which the order or decision was made are parties to the proceeding on the review and are entitled to notice of the hearing; and
 (b) the Minister is a party to the proceeding.

 (6) Each provision of this Schedule relating to the hearing and determination of an industrial dispute extends to a review under this clause.

 (7) Nothing in this clause affects any right of appeal or any power of a Full Bench under section 45, and an appeal under that section and a review under this clause may, if the Full Bench considers it appropriate, be dealt with together.