Tasmania: Industrial Relations Act 1984 (Tas)

Industrial Relations Act 1984 An Act to provide for the establishment of a Tasmanian Industrial Commission having a jurisdiction to hear and determine matters and things arising from, or relating to, industrial matters, including the making of awards, the conduct of hearings and the settling of disputes, to provide for the registration of employer and employee organisations, to encourage workplace bargaining, to determine salaries, allowances and benefits for members of Parliament, and to provide for related and other matters [Royal Assent 16 May 1984] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART I - Preliminary 1. Short title This Act may be cited as the Industrial Relations Act 1984 . 2. Commencement (1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent. (2) Except as provided in subsections (1) and (3) , this Act shall commence on such day as may be fixed by proclamation. (3) Sections 16 , 17 , and 20(2)(b) shall commence on such day as may be fixed by proclamation, being a day that is the same as, or that is subsequent to, the day fixed by proclamation under subsection (2) . 3. Interpretation (1) In this Act, unless the contrary intention appears – accumulation scheme, in relation to a Commissioner, means the default fund, within the meaning of the Public Sector Superannuation Reform Act 2016 , in relation to which the Commissioner is a relevant employee within the meaning of section 21 of that Act; adult means a person who has attained the age of 21 years; Agency means a Government department or State authority or other organization specified in Column 1 of Schedule 1 to the State Service Act 2000 ; Australian Commission means the Australian Industrial Relations Commission established by section 8 of the Commonwealth Act ; award means an award made under this Act by the Commission and includes a variation of such an award; casual employee, unless prescribed otherwise in an award or agreement, means a person who is engaged to work casual employment; casual employment, unless prescribed otherwise in an award or agreement, means work performed by an employee on an irregular, variable or unpredictable basis or on an as and when required basis; Commission means the Tasmanian Industrial Commission constituted under section 5 ; Commissioner means a member of the Commission appointed under section 5(2A) ; Commonwealth Act means the Workplace Relations Act 1996 of the Commonwealth; conditions of employment includes wages; controlling authority means, in the case of – (a) a State employee who is a State Service employee – the Minister administering the State Service Act 2000 ; (b) a person appointed under section 11(3), 12 or 15 of the Police Service Act 2003 – the Commissioner of Police; or (c) (d) any other State employee – the principal officer of the State authority by which that employee is employed; Deputy President means the Deputy President of the Commission appointed under section 5(2A)(b) , and includes a person acting in the office of Deputy President; employee means a private employee or a State employee, and includes – (a) a trainee as defined in the Training and Workforce Development Act 2013 ; and (b) an apprentice as defined in the Training and Workforce Development Act 2013 ; and (c) an outworker; and (d) a person appointed under section 11(3), 12 or 15 of the Police Service Act 2003 ; employee organization means an organization of employees; employer means a private employer or a controlling authority; employer organization means an organization of private employers; enterprise means – (a) any business, undertaking or project or part of any business, undertaking or project; or (b) any combination of businesses, undertakings or projects or parts of businesses, undertakings or projects; or (c) any service provided by an Agency or State authority that is not an Agency or by part of an Agency or such a State authority; or (d) any combination of services provided by Agencies or State authorities that are not Agencies or by parts of Agencies or such State authorities; enterprise agreement means an agreement referred to in section 61B ; Full Bench means a Full Bench of the Commission constituted in accordance with section 14 ; full-time employee, unless prescribed otherwise in an Act, award or agreement, means a person engaged to work full-time employment; full-time employment, unless prescribed otherwise in an Act, award or agreement, means the employment of an employee for 38 ordinary hours per week; functions includes duties; Government department means – (a) a department established under the State Service Act 2000 ; or (b) the Police Service; industrial agreement means an agreement referred to in section 55(1) ; industrial dispute means a dispute in relation to an industrial matter – (a) that has arisen; or (b) that is likely to arise or is threatened or impending; industrial matter means any matter pertaining to the relations of employers and employees and, without limiting the generality of the foregoing, includes – (a) a matter relating to – (i) the mode, terms and conditions of employment; or (ii) the termination of employment of an employee or former employee; or (iii) the reinstatement or re-employment of an employee or a former employee who has been unfairly dismissed; or (iv) the payment of compensation to an employee or a former employee if the Commission determines that reinstatement or re-employment is impracticable; or (v) severance pay for an employee or a former employee whose employment is to be, or has been, terminated as a result of redundancy; or (vi) a dispute under the Long Service Leave Act 1976 or the Long Service Leave (State Employees) Act 1994 relating to an entitlement to long service leave, or payment instead of any such leave, or the rate of ordinary pay at which any such leave or payment is to be paid in respect of an employee or former employee; or (b) a breach of an award or a registered agreement – but does not include a matter relating to – (c) the opening or closing hours of an employer's business premises; (d) (e) compensation payable to employees in respect of injuries or diseases suffered in the course of their employment; (ea) (f) the preferential employment or non-employment of a particular person or class of persons who are or are not members of an organization; (g) a bonus payment made at the discretion of an employer; (h) the insurance of employees; or (i) appointments, or promotions, other than in respect of the qualifications required for advancement; (j) industry means any industry, trade, business, undertaking, profession, calling, function, process, or work performed, carried on, or engaged in by a private employer; inspector means an inspector appointed and holding office under section 74 (2) , and includes the Secretary; intervener means an intervener pursuant to section 27 ; joint proceedings means proceedings in which a Commissioner sits with a member of the Australian Commission pursuant to section 17 ; officer means a person appointed pursuant to section 18 ; ordinary hourly or weekly rate of pay means the wages paid to an employee in respect of his or her ordinary working hours; organization means an organization registered under Part V ; outworker means a person who performs for an employer work related to the manufacture of a garment outside the employer's premises; part-time employee, unless prescribed otherwise in an award or agreement, means a person who is engaged to work part-time employment; part-time employment, unless prescribed otherwise in an award or agreement, means employment – (a) that is performed by an employee on a regular basis for less hours per day or week than the ordinary hours of an equivalent full-time employee; and (b) the hours of which may vary from time to time but will generally remain constant from day to day or week to week; powers includes authorities; President means the President of the Commission appointed under section 5(2A)(a) ; principal officer means, in relation to a State authority that is not an Agency, the president, chairman, or other principal or presiding member of the authority or, if the authority comprises a single person, that person; private employee means an employee other than – (a) a State employee; or (b) an employee who is appointed under section 25 or 31 of the State Service Act 2000 ; or (c) an employee whose remuneration is specified in any Act, determined under the Statutory Salaries Act 1979 or determined by the Governor under any Act; (d) private employer means an employer of a private employee, and includes every managing director or manager of any body corporate, partnership, firm, or association and, in the case of an unincorporated association, includes its secretary and every member of its governing body by whatever name called; probationary employment, unless prescribed otherwise in an Act, award or agreement, means employment of an employee for a probationary or trial period; probationary or trial period means a period of employment, for the purpose of determining an employee's suitability for continuing employment, which – (a) unless prescribed otherwise in an Act, award or agreement, does not exceed 6 months from the date of commencement of employment; and (b) is stipulated in writing at the time of engagement; and (c) is relevant to the work to be performed; and (d) is reasonable and appropriate in the context of acquiring the skills and experience necessary to satisfactorily perform the duties of the job; proclaimed day means the day fixed by proclamation under section 2 (2) ; registered agreement means – (a) an industrial agreement registered under Part IV ; or (b) an enterprise agreement registered under Part IVA ; Registrar means the person appointed and holding office pursuant to section 18 (1) as Registrar of the Commission; regulations means regulations made and in force under this Act; RSA means a Retirement Savings Account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth; Secretary, in relation to a provision, means the Head of the Agency within the meaning of the State Service Act 2000 within which the provision is administered; State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which, the governing authority, wholly or partly, comprises a person or persons appointed by the Governor, a Minister, or another State authority, but does not include a Government department; State employee means a person who is employed in an Agency or by a State authority that is not an Agency other than a person – (a) who is appointed under section 25 or 31 of the State Service Act 2000 ; or (b) whose remuneration is specified in any Act, determined under the Statutory Salaries Act 1979 or determined by the Governor under any Act; (c) wages includes salary. (2) . . . . . . . . (3) For the purposes of this Act, unless the contrary intention appears, an organization has an interest in – (a) an award if, in its certificate of registration issued and in force under section 64 , that award is specified as one in which a Commissioner has determined, under section 63 (10) (c) or 65A (3) , that that organization has an interest; and (b) a matter referred to in section 35 (6) if – (i) the membership of that organization consists of or includes members who are employers or employees in an industry or occupation to which that matter relates or who are State employees to whom that matter relates; and (ii) that membership is consistent with the organization's rules or constitution lodged with the Registrar pursuant to section 63 (1) or consistent with those rules or that constitution as altered, in the case of an organization to which subsection (1) of section 67 applies, with the approval of the Registrar required under that subsection. (4) . . . . . . . . (5) If a question arises as to whether a body or an authority is or is not a State authority for the purposes of this Act, that question shall be determined by the Governor, and the Governor may accordingly, by order, declare that body or authority to be or not to be a State authority for the purposes of this Act. (6) An order under subsection (5) , on being published in the Gazette, is conclusive evidence of what is declared in it. 4. Crown bound by Act This Act binds the Crown not only in right of Tasmania but also, so far as the legislative power of Parliament permits, binds the Crown in all of its other capacities. PART II - Tasmanian Industrial Commission Division 1 - Constitution, &c., of the Commission 5. Constitution of the Commission (1) There is constituted by this Act a body to be known as the "Tasmanian Industrial Commission". (2) Subject to this section, the Commission consists of – (a) the President of the Commission appointed under subsection (2A)(a) ; and (b) the Deputy President of the Commission appointed under subsection (2A)(b) ; and (c) the other Commissioners appointed under subsection (2A)(c) . (2A) The Governor is to appoint – (a) a person to be a Commissioner and to be the President of the Commission; and (b) a person to be a Commissioner and to be the Deputy President of the Commission; and (c) one or more persons to be Commissioners. (2B) The Governor is to appoint under subsection (2A)(c) at least one person to be a Commissioner but may, under that subsection, appoint the number, of persons, that the Governor thinks fit. (3) The Minister shall, before a person is appointed or re-appointed as a Commissioner, consult officers of such associations or organizations as he considers appropriate with regard to the proposed appointment or re-appointment. (4) A person shall not be appointed or re-appointed as a Commissioner unless– (a) he is a person who, in the opinion of the Governor, has had extensive experience in industrial relations; (b) he is a person who– (i) is or has been an Australian legal practitioner, of not less than 5 years' standing; (ii) has served at a high level in a position or office in an industry or the trade union movement or in the service of a government or an authority of a government; or (iii) has obtained a degree of a university or an educational qualification of a similar standard, after studies in the field of law, economics, or industrial relations or some other field of study considered by the Governor to have substantial relevance to the functions of a Commissioner; or (iv) has demonstrated understanding of public sector administration; and (c) he is, in the opinion of the Governor, by reason of his qualifications, experience, and standing in the Australian community, a fit and proper person to discharge the functions of a Commissioner. (5) . . . . . . . . 6. Provisions relating to appointment of Commissioners (1) Subject to sections 11 and 12 , a person – (a) who is appointed under section 5(2A) – (i) as a Commissioner and as the President of the Commission holds office for the period, of not more than 7 years, specified in the person's instrument of appointment; or (ii) as a Commissioner and as the Deputy President of the Commission holds office for the period, of not more than 7 years, specified in the person's instrument of appointment; or (iii) as a Commissioner but not as the President, or the Deputy President, of the Commission holds office for the period, of not more than 3 years, specified in the person's instrument of appointment; and (b) is to be appointed on the terms and conditions that are specified in the person's instrument of appointment; and (c) may be re-appointed as a Commissioner, as the President, or as the Deputy President, of the Commission. (2) . . . . . . . . (2A) . . . . . . . . (3) A Commissioner is entitled to such remuneration and allowances, and such other terms and conditions of employment not inconsistent with subsection (1) , as the Governor may from time to time determine in respect of him. (4) A Commissioner shall not – (a) without the permission of the Governor, hold any other office of profit or engage in any paid employment outside the functions of his office; or (b) hold any other office or any position the holding of which, in the opinion of the Governor, is inconsistent with the functions of his office. (5) A Commissioner is an employee for the purposes of – (a) the Public Sector Superannuation Reform Act 2016 ; and (b) the Long Service Leave (State Employees) Act 1994 ; and (ba) the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 ; and (c) the Workers Rehabilitation and Compensation Act 1988 . (6) If a State employee is appointed to the office of a Commissioner, he is entitled to retain all his existing and accruing rights as if his service in that office were a continuation of his service as such an employee. (7) Where a person referred to in subsection (6) ceases to be a Commissioner and becomes a State employee, his service as a Commissioner shall be regarded as service as a State employee for the purposes of determining his rights as such an employee. (8) Despite subsection (4) , a person who holds – (a) office as a member, other than the President, of the Fair Work Commission established under the Fair Work Act 2009 of the Commonwealth may, with the prior agreement of the Minister for the time being administering that Act, be appointed under section 5(2A) as a Commissioner, the President, or the Deputy President, of the Commission; or (b) a similar office in a commission or similar body with jurisdiction in relation to industrial matters that is constituted under an enactment of another State or of a Territory of the Commonwealth may, with the prior agreement of the Minister for the time being administering that enactment, be appointed under section 5(2A) as a Commissioner, the President, or the Deputy President, of the Commission. 6A. . . . . . . . . 7. Oath or affirmation of office (1) A Commissioner shall, before proceeding to discharge the functions of his office, take before a judge an oath or affirmation in accordance with the form in Schedule 1 . (2) A person appointed under section 10 (2) to act in the office of a Commissioner shall, before proceeding to act in that office, take before a judge an oath or affirmation, being an oath or affirmation that, subject to any necessary modifications, is in accordance with the form in Schedule 1 . 8. Judicial notice of official signatures of Commissioners All courts, judges, and persons acting judicially shall take judicial notice of the official signature of a Commissioner on a document and shall, unless the contrary is established, presume that the document was duly signed by the Commissioner. 9. Protection of Commissioners A Commissioner has, in the performance of his functions as a Commissioner, the same protection and immunity as a judge. 10. Substitute to act during absence of certain Commissioners (1) Where the Deputy President is unable to act in his office, whether on account of illness or for any other cause, the Governor may appoint another Commissioner to act in that office for the period that the Deputy President is unable to so act. (2) Subject to subsections (3) and (6) , where a Commissioner, other than the President or the Deputy President, is unable to act in his office, whether on account of illness or for any other cause, the Governor may appoint a person who has the experience and qualifications prescribed by section 5 (4) to act in that office for the period that that Commissioner is unable to act. (3) The Minister shall, before a person is appointed under subsection (2) to act in the office of a Commissioner, consult officers of such associations or organizations as he considers appropriate with regard to the proposed appointment. (4) The Deputy President shall, for the purposes of subsection (1) , be deemed to be unable to act in his office if he is acting in the office of the President pursuant to section 15 (4) . (5) A Commissioner shall, for the purposes of subsection (2) , be deemed to be unable to act in his office if there is a vacancy in that office which has not been filled. (6) . . . . . . . . (7) Subject to subsection (8) , the provisions of sections 6 (3) and (4) , 9 , and 12 apply to a person appointed under subsection (2) as if he were a Commissioner. (8) Notwithstanding the provisions of section 6 (4) , as applied by subsection (7) , a person who holds – (a) office as a member, other than the President, of the Australian Commission may, with the prior agreement of the Minister for the time being administering the Commonwealth Act , be appointed under subsection (2) ; or (b) a similar office in a commission or similar body with jurisdiction in relation to industrial matters that is constituted under an enactment of another State or of a Territory of the Commonwealth may, with the prior agreement of the Minister for the time being administering that enactment, be appointed under that last-mentioned subsection. (9) A person, while acting in the office of the Deputy President or any other Commissioner pursuant to this section, has, and may exercise, all the powers of the Deputy President or that other Commissioner, as the case may be, under this Act and shall perform all the functions of the Deputy President or that other Commissioner under this Act. (10) Anything done or omitted to be done by a person while acting under this section in the office of Deputy President or any other Commissioner is as valid as if done or omitted to be done by the Deputy President or other Commissioner. (11) A person is not required to inquire whether or not any occasion has arisen requiring or authorising a person to act in the office of the Deputy President or any other Commissioner. 10A. . . . . . . . . 11. Removal and suspension of Commissioners (1) Except on resolutions presented to the Governor by both Houses of Parliament praying for his removal from office on the ground of incompetence or misbehaviour, the Governor shall not remove a Commissioner from office unless he – (a) holds another office of profit, or engages in paid employment outside the functions of his office, without the permission of the Governor; (b) holds another office or a position the holding of which, in the opinion of the Governor, is inconsistent with the functions of his office; (ba) . . . . . . . . (c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit; (d) is convicted in Tasmania of a crime or an offence which is punishable by imprisonment for 6 months or upwards, or unless he is convicted elsewhere than in Tasmania of an offence which, if committed in Tasmania, would be a crime or an offence so punishable or unless he has been convicted, whether in Tasmania or elsewhere, of a crime or an offence for which he has been sentenced to imprisonment; (e) absents himself from the functions of his office, except on leave granted by the Governor; or (f) becomes, in the opinion of the Governor, permanently incapable of performing the functions of his office. (2) The Governor may suspend a Commissioner from office on the grounds of incompetence or misbehaviour. (3) . . . . . . . . (4) Where a Commissioner has been suspended by the Governor, the Commissioner shall be restored to his office unless – (a) a statement of the grounds of the suspension is laid before each House of Parliament during the first 7 sitting days of that House following the suspension; and (b) each House of Parliament, within 30 sitting days after the statement is so laid before it, passes a resolution requesting the Governor to remove him from office on the grounds of incompetence or misbehaviour. (5) Where a Commissioner is suspended from office under subsection (2) and each House of Parliament does not pass a resolution, within the period referred to in subsection (4) (b) , requesting the Governor to remove that person from office, the Commissioner shall be entitled to receive his full salary and allowances in respect of the period during which he was suspended. (6) . . . . . . . . 12. Resignation from office (1) Subject to subsection (2) , a Commissioner may resign his office by writing under his hand addressed to the Governor. (2) A resignation under subsection (1) takes effect on the day on which it is received by the Governor or on such later day as is specified in the writing containing the resignation. 13. Exercise of powers and jurisdiction of the President and the Commission (1) The President has the jurisdiction expressly conferred on him by this Act and, in the exercise of that jurisdiction, he constitutes the Commission and he has, and may exercise, such powers of the Commission as may be necessary or appropriate for that purpose. (2) A Commissioner, other than the President, sitting or acting alone, constitutes the Commission and, except as otherwise provided in this Act, he has, and may exercise, while so sitting or acting, all the powers and jurisdiction of the Commission. (3) Where more than one Commissioner is sitting or acting at the same time in the exercise of the jurisdiction of the Commission, each such Commissioner constitutes the Commission. 14. Constitution of Full Bench of Commission (1) A Full Bench of the Commission is constituted by at least 3 members of the Commission one of whom, wherever practicable, must be the President or the Deputy President. (2) In a proceeding before a Full Bench, the decision of a majority of the members shall be the decision of the Full Bench. 15. General functions and powers of President (1) Subject to this section, the President shall – (a) allocate for hearing and determination by a Commissioner sitting alone applications for awards or for the variation of awards; (ab) refer to a Commissioner sitting alone – (i) applications under section 63 (1) for the purpose of his making a determination referred to in section 63 (10) (b) ; and (ii) applications under section 65A (1) for the purpose of his making a determination referred to in section 65A (2) ; (b) determine whether matters arising under this Act should be referred to a Full Bench; (c) appoint Commissioners to constitute Full Benches and refer to those Benches – (i) matters that he has determined, under paragraph (b) , to be matters that should be referred to those Benches; and (ii) applications made to him under section 67 (7) and under section 68 ; (d) allocate for hearing and determination by a Commissioner applications in respect of industrial disputes; (da) allocate for hearing by a Commissioner an agreement filed under section 55 or lodged under section 61H ; and (e) refer disputes with respect to long service leave as provided by or under the relevant Act to a Commissioner for determination by him under the provisions of the Long Service Leave Act 1976 or the Long Service Leave (State Employees) Act 1994 ; (f) appoint Commissioners to constitute Full Benches to hear – (i) applications for awards or for the variation of awards; (ii) appeals under sections 70(1) and 82 ; and (iii) as provided under the relevant Act, appeals against determinations of a Commissioner concerning disputes with respect to long service leave under the provisions of the Long Service Leave Act 1976 or the Long Service Leave (State Employees) Act 1994 ; (g) appoint Commissioners to conduct arbitrations under section 61 ; (h) make declarations pursuant to section 43 ; (i) appoint Commissioners to hear applications under sections 79 and 81 ; and (j) appoint a Commissioner to hear an application for an order under section 75(7A) ; and (k) appoint a Commissioner to hear an application for review under section 50 of the State Service Act 2000 ; and (l) appoint 2 Commissioners to constitute, together with the President, a Full Bench to perform the functions, and exercise the powers, conferred on the Commission under the Parliamentary Salaries, Superannuation and Allowances Act 2012 . (2) The President is not precluded from – (a) allocating to himself or herself for hearing and determination an application of a type referred to in subsection (1) ; or (b) subject to section 70(2) , appointing himself or herself to a Full Bench. (2A) . . . . . . . . (3) The President may – (a) give directions to the Registrar for the purposes of this Act; and (b) do all things necessary or convenient to be done, other than employ persons, for or in connection with, or as incidental to, the performance of his functions under subsection (1) . (4) Where the President is unable to act in his office, whether on account of illness or for any other cause, or where there is a vacancy in the office of President, the Deputy President shall act in the office of the President. (5) The Deputy President, while acting in the office of President pursuant to subsection (4) , has, and may exercise, all the powers of the President under this Act and shall perform the functions of the President under this Act. 16. Reference of industrial matters to Australian Commission for determination under this Act (1) In respect of an industrial matter within the jurisdiction of a Commissioner sitting or acting alone, the President may, where in his opinion it is appropriate to do so, request the President of the Australian Commission to nominate a member of the Australian Commission to deal with the whole or any part of that matter. (2) Where, in accordance with a request under subsection (1) , the President of the Australian Commission nominates a member of the Australian Commission, the President of the Commission may refer the whole or part of the industrial matter in respect of which the request was made to the member to be inquired into and to be dealt with under this Act by conciliation, by arbitration, or by conciliation and, if necessary, by arbitration, and, after affording the parties an opportunity to be heard, may, at any time before a decision is made by the member in relation to the industrial matter, revoke the reference. (3) For the purposes of inquiring into and dealing with the whole or part of an industrial matter that has been referred to him under subsection (2) , the member of the Australian Commission may exercise all the powers of the Commission under this Act that are exercisable by a Commissioner sitting alone and in the exercise of those powers shall be deemed to be the Commission. (4) Without limiting subsection (3) , a decision made by a member of the Australian Commission in relation to an industrial matter referred to him under subsection (2) shall, for the purposes of this Act, be deemed to be an award or order, as the case may require, made by the Commission under this Act. (5) For the purposes of sections 8 , 9 , and 13 , a member of the Australian Commission appointed pursuant to this section is a Commissioner. 17. Power of Commission to sit in joint proceedings (1) In respect of a matter within the jurisdiction of a Commissioner sitting or acting alone, where proceedings on the same or a similar matter have been commenced, or are likely to commence, before the Australian Commission, if the President and the President of the Australian Commission agree that the matter should be dealt with in joint proceedings, the President shall nominate a Commissioner to sit in those proceedings. (2) Notwithstanding that a Commissioner sits in joint proceedings in respect of a matter, the Commissioner shall continue to be, and shall continue to exercise and perform the powers and functions of, a Commissioner sitting or acting alone in respect of that matter. (3) After consultation with the President of the Australian Commission and affording the parties an opportunity to be heard, the President may, at any time and on such terms as he thinks fit, determine that a matter should not be dealt with in joint proceedings. (4) Where the President makes a determination under subsection (3) after joint proceedings have commenced, the Commissioner concerned – (a) shall cease to sit in those joint proceedings; and (b) may continue to deal with that matter in proceedings other than joint proceedings. 18. Staff of Commission (1) The Minister administering the State Service Act 2000 is to appoint a State Service officer or State Service employee to be Registrar of the Commission and that officer or employee is to hold that office in conjunction with State Service employment. (1A) Subject to and in accordance with the State Service Act 2000 , there may be appointed persons for the purposes of assisting the Commission in the carrying out of its powers and functions under this Act. (2) Subject to this Act, the Registrar is responsible to the President for the organization of the work of persons appointed under subsection (1A) . (3) . . . . . . . . (4) Subject to the directions of the President, the Registrar – (a) has and may exercise such powers as are conferred, and shall perform such functions as are imposed, on him by this Act; (b) shall cause to be kept such records of the proceedings of the Commission as are prescribed in the regulations; and (c) has and may exercise such powers, and shall perform such other functions, as are prescribed in the regulations. Division 2 - Jurisdiction, functions and powers of the Commission 19. Jurisdiction of Commission (1) Subject to this Act, the Commission has jurisdiction to hear and determine any matter arising from, or relating to, an industrial matter. (2) For the purposes of subsection (1) , the Commission may – (a) make, vary, rescind or correct an award or order; (aa) conduct dispute resolutions in accordance with section 19A ; (b) make a declaration for the purposes of section 43 ; (c) conduct hearings for settling industrial disputes; (ca) hear and determine an application for approval of an agreement made under section 55 or section 61H ; and (d) conduct arbitrations under section 61 ; (da) hear and determine applications under Part V ; (e) hear and determine appeals under Part VI and Part VIII ; (f) sit in joint proceedings; (g) cancel, under section 68 , the registration of an organization; and (h) hear and determine applications under sections 79 and 81 . 19AA. Commission to review matters under section 50 of the State Service Act 2000 (1) The Commission is to review a matter in respect of which an application for review has been made to it under section 50(1) of the State Service Act 2000 . (2) The Commission may refer any matter in respect of which an application for review has been made to it under section 50(1) of the State Service Act 2000 to the Ombudsman, the Integrity Commission or the Anti-Discrimination Commissioner or any other person or body that may be prescribed in the regulations. (3) A person is not entitled to make application to the Full Bench of the Commission in respect of a matter referred to in section 50(1) of the State Service Act 2000 . 19AB. Commission to determine remuneration, &c., of members of Parliament A Full Bench of the Commission constituted in accordance with section 15(1)(l) is to perform the functions, and exercise the powers, conferred on the Commission under the Parliamentary Salaries, Superannuation and Allowances Act 2012 . 19A. Commission may conduct dispute resolutions (1) A person may apply to the Commission to have a dispute resolution process conducted by the Commission in relation to a matter or matters in dispute if – (a) the parties to the dispute are bound by a federal workplace agreement; and (b) the Commission is authorised or permitted to conduct the dispute resolution process – (i) under dispute settlement procedures (within the meaning of section 353 of the Commonwealth Act) set out in the agreement; or (ii) if no such dispute settlement procedures are set out in the agreement, under the federal model dispute resolution process. (2) On any such application, the Commission may perform such functions and may exercise such powers with respect to the resolution of the dispute as are imposed or conferred on it by or under – (a) the federal workplace agreement concerned or federal model dispute resolution process (as the case may be); and (b) the Commonwealth Act. (3) The Commission is to be constituted by a single member of the Commission unless the federal workplace agreement concerned, federal model dispute resolution process or Commonwealth Act (as the case may be) requires otherwise. (4) Subject to subsection (5) , the performance of a function or the exercise of a power imposed or conferred on the Commission as referred to in subsection (2) is, for the purposes of any other provision of this Act, taken not to have been performed or exercised under this Act. (5) The functions or powers that the Commission is authorised or permitted to perform or exercise as referred to in this section are in addition to, and do not derogate from, any other function or power of the Commission. (6) Nothing in this section – (a) makes any order, determination or other decision of the Commission, in respect of the dispute, binding on the parties to the dispute unless the federal workplace agreement concerned, federal model dispute resolution process or Commonwealth Act (as the case may be) operates to make any such order, determination or decision binding on the parties; or (b) limits the operation of section 61 . (7) In this section – federal model dispute resolution process means the model dispute resolution process within the meaning of the Commonwealth Act; federal workplace agreement means a workplace agreement within the meaning of the Commonwealth Act. 20. Commission to act according to equity and good conscience (1) In the exercise of its jurisdiction under this Act, the Commission – (a) shall act according to equity, good conscience, and the merits of the case without regard to technicalities or legal forms; (b) shall do such things as appear to it to be right and proper for effecting conciliation between parties, for preventing and settling industrial disputes, and for settling claims by agreement between parties; (c) is not bound by any rules of evidence, but may inform itself on any matter in such a way as it thinks just; and (d) shall have regard to the public interest. (2) The Commission has the power to deal with an industrial dispute referred to it in accordance with the Commonwealth Act . (3) In the exercise of its jurisdiction under this Act, the Commission is not restricted to the specific claim made or to the subject-matter of the claim. (4) Where the Commission, in deciding any matter before it, proposes or intends to take into account any matter or information that was not raised before it on the hearing of the matter, the Commission shall, before deciding the matter, notify the parties concerned and afford them the opportunity of being heard in relation to that matter or information. 21. Procedure of Commission and associated matters (1) Subject to this Act, the Commission may regulate its own procedure. (2) Without prejudice to the generality of subsection (1) , the Commission may, in relation to a matter before it – (a) at or before the commencement of proceedings before the Commission, ascertain whether all private employers referred to in section 66 (1) who, and all organizations the members of which, in the opinion of the Commission, may be subject to an award made by the Commission, have been summoned to attend the proceedings, or have been given notice of those proceedings; (b) direct that organisations or persons be summoned to attend those proceedings; (c) at any stage of those proceedings, dismiss a matter or a part of a matter, or refrain from further hearing, or determining, the matter or part if the Commission is satisfied – (i) that the matter or part is trivial; (ii) that further proceedings are not necessary or desirable in the public interest; or (iii) . . . . . . . . (iv) that, for any other reason, the matter or part should be dismissed or the hearing of those proceedings should be discontinued, as the case may be; (d) take evidence on oath or affirmation; (e) proceed to hear and determine the matter or any part of the matter in the absence of any party to it who has been duly summoned to appear or been duly served with notice of those proceedings; (f) sit at any place; (g) adjourn to any time and place; (h) direct any person, whether a witness or intending witness or not, to leave the place in which those proceedings are being conducted; (i) refer any matter to an expert and accept his report as evidence; (j) permit the intervention, on such terms as it thinks fit, of an organization which, in the opinion of the Commission, is sufficiently interested in that matter; (k) allow the amendment, on such terms as it thinks fit, of those proceedings or a document relating to that matter; (l) correct, amend, or waive any error, defect, or irregularity; (m) extend any time – (i) prescribed by or under this Act, except a time prescribed in relation to an appeal; or (ii) fixed by an order of the Commission; and (n) generally give all such directions and do all such things as are necessary or expedient for the expeditious and just hearing and determination of that matter. (3) Any person, not being a private employer or member of an association referred to in section 66 , or an intervener, who attends proceedings before the Commission to give evidence as a witness when so summoned to do so is entitled to be paid such fees, allowances, and sums by way of reimbursement of expenses as are prescribed in the regulations. 22. Powers of inspection (1) In this section, inspecting officer means a Commissioner or an officer authorized as provided in subsection (2) . (2) Subject to such conditions as may be prescribed in the regulations, a Commissioner, or an officer authorized in writing for that purpose by the Commission, may, at any time during working hours, enter and remain in any place or premises or any vehicle or vessel in or in respect of which an industry is, or is reputed to be, carried on or any work is being, or has been, done or commenced, or a matter or thing is taking place or has taken place, in relation to which an industrial matter exists or an award or a registered agreement has been made or is being sought. (3) Where an inspecting officer enters any place or premises, or any vehicle or vessel, referred to in subsection (2) in the exercise of the power conferred on him by that subsection, he may – (a) inspect or view any work, material, machinery, appliance, article, book, paper, document, or other thing in the place, premises, vehicle, or vessel; and (b) question any person in or on the place, premises, vehicle, or vessel in respect of, or in relation to, any matter or thing that is taking place or has taken place there in relation to which an industrial matter exists or an award or a registered agreement has been made or is being sought. (4) A person who – (a) obstructs, hinders, delays, threatens, or assaults an inspecting officer in the exercise of his powers under this section; (b) fails to comply with a request of an inspecting officer, or to answer questions asked by an inspecting officer, made under any such power when it is within his power to comply with the request; (c) gives an answer to such a question which, to his knowledge, is false or misleading in a material particular; or (d) intentionally conceals a person from an inspecting officer or prevents a person from appearing before or being questioned by an inspecting officer for the purposes of this Act or attempts so to conceal or prevent a person – is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units. Division 3 - Proceedings before the Commission 23. Applications for awards and variations of awards (1) An application for an award or the variation of an award made to the Commission shall – (a) be in accordance with the form prescribed in the regulations; (b) contain the name of the award sought to be made or varied; (c) contain the name or names of the applicant or applicants; and (d) contain a statement giving – (i) full particulars of the award sought to be made or varied; and (ii) in the case of an application by an organization referred to in section 24 (2) or 25 (2) – particulars of the interest that the applicant has in the making of the award. (2) Where an application for an award or the variation of an award is made to the Commission in accordance with this Act, the Commission shall – (a) immediately cause a copy of the application to be given to all other organizations which have an interest in the application; (b) fix a time and place for the hearing; and (c) cause to be given written notice of that time and place to an organization which has an interest in the application. (3) An organization that does not have an interest in an application referred to in subsection (1) may, on payment of the prescribed fee, obtain a copy of the application from the Commission. 24. Award hearings before Commissioner sitting alone (1) The hearing of an application made as provided by section 23 , other than an application in respect of a matter to which section 35 (1) relates, shall be conducted by the Commission constituted by a Commissioner sitting alone. (2) An application referred to in subsection (1) may be made to the Commission by – (a) an organization of private employers with an interest in the award to which the application relates; (b) an employee organization with an interest in the award to which the application relates; (c) the Tasmanian Trades and Labor Council; (d) a controlling authority of State employees subject to the award to which the application relates; or (e) the Minister, if, in his opinion, the application is one that, in the public interest, is appropriate to be dealt with by the Commission. (3) Proceedings before the Commission, constituted as mentioned in subsection (1) , with respect to an industrial matter may, if the President or a Full Bench so directs, be commenced on the motion of the Commission. (4) A Commissioner who conducts the hearing of an application in relation to an award may refer the application to the President if the Commissioner considers that the application – (a) directly affects another award; or (b) is so important that it is in the public interest to have the matter dealt with by a Full Bench. (4A) A party to the hearing of an application may request the Commissioner to refer the application to the President. (4B) A party to the hearing of an application intending to request the Commissioner to refer the application to the President is to notify the Commissioner and the other parties to the hearing of that intention before the day on which the hearing is scheduled to commence. (4C) Subject to subsection (4D) , the Commissioner must refer an application to the President if requested to do so by a party to the hearing of the application. (4D) The Commissioner may refer an application to the President after the commencement of the hearing of the application only if, in the Commissioner's opinion, issues have emerged during the hearing which – (a) could not reasonably have been foreseen at the commencement of the hearing; and (b) satisfy the criteria set out in subsection (4) . (5) After conducting a hearing into an application made to him under this section, a Commissioner may, subject to section 36 , make or refuse to make an award in relation to the subject-matter of the application. 25. Award hearings before Full Bench (1) The hearing of an application, made as provided by section 23 , in respect of a matter to which section 35 (1) applies shall be conducted by the Commission constituted by a Full Bench. (2) An application referred to in subsection (1) may be made to the Commission by – (a) an organization of private employers that has an interest in the award to which the application relates; (b) subject to subsection (3) , an employee organization that has an interest in the award to which the application relates; (c) the Tasmanian Trades and Labor Council; (d) a controlling authority of State employees subject to the award to which the application relates; or (e) the Minister, if, in his opinion, the application is one that, in the public interest, is appropriate to be dealt with by the Commission. (3) An application under subsection (2) (b) shall not be heard unless – (a) the organization that made the application is the only organization that has members subject to the award to which the application relates; or (b) notwithstanding that another organization has an interest in the award to which the application relates, the President, having regard to the subject-matter of the application and its likely effect on the members of any other employee organization, considers the hearing of the application and the making of an award in relation to that subject-matter would not prejudice the orderly conduct of industrial relations in Tasmania. (4) Proceedings before the Commission constituted by a Full Bench with respect to an industrial matter may, if the President so directs, be commenced on the motion of the Commission. (5) The Commission shall cause notice of an application to which this section applies to be published in a newspaper published at Hobart, a newspaper published at Launceston, and a newspaper published at Burnie, and any such notice shall – (a) state the matter to which the application relates; and (b) state the time and place at which the Commission will conduct a hearing on the application. (6) After conducting a hearing on an application to which this section applies, the Commission may, subject to section 36 , make an award in relation to the subject-matter of the application. 26. Proceedings may be in public or private (1) The proceedings of the Commission shall be conducted in public unless, at any stage of the proceedings, the Commission, of its own motion or on the application of any of the parties, directs that the proceedings be conducted in private. (2) Where the Commission directs that any proceedings shall be conducted in private, all persons (other than the parties, their representatives, any interveners, the officers of the Commission, and any witness under examination) shall withdraw. 27. Intervention and appearances (1) The Minister may intervene in the public interest or otherwise in any proceedings before the Commission. (2) An organization may, with the leave of the Commission, intervene in any proceedings before the Commission. (3) The Minister for the time being administering the Commonwealth Act may, on behalf of the Commonwealth, by giving to the Registrar written notice of his intention to do so, and with the leave of the Commission, intervene on behalf of the Commonwealth in any proceedings before the Commission in which that Minister considers that the Commonwealth has a sufficient interest to warrant intervention. (4) Subsections (2) and (3) do not apply to proceedings under Part IVA . (5) A person having a direct interest in any proceedings before the Commission may apply to the Commission for leave to appear and be heard in those proceedings. (6) The Commission, if satisfied that the person has a direct interest in the proceedings before it, must grant an application under subsection (5) . 28. Representation (1) Subject to this section, a party to any proceedings before the Commission, or before the Registrar under Part V , may appear in person or by his agent. (2) In subsection (1) , party includes an intervener. (3) An association referred to in section 63 (1) or an organization shall be deemed to have appeared in person in proceedings before the Commission or the Registrar if it is represented by an officer or employee of the association or organization. (4) A party appearing by an agent in any proceedings before the Commission or the Registrar is bound by the acts of that agent. (5) The following persons are not entitled to be agents for the purposes of subsection (1) except with the leave of the Commission or the Registrar: (a) a barrister or practitioner; (b) an interstate legal practitioner and an Australian-registered foreign lawyer. (6) Where a State employee or an officer or employee of an organization is a barrister or practitioner, nothing in subsection (5) prevents that State employee, officer, or employee from appearing as the agent for a party to any proceedings before the Commission or the Registrar – (a) if he is employed to perform functions that may be performed by persons other than barristers or practitioners; or (b) those proceedings relate to the determination of an industrial matter that affects his own salary or other conditions of employment. (7) In this section – Australian-registered foreign lawyer means an Australian-registered foreign lawyer within the meaning of the Legal Profession Act 2007 ; barrister means a barrister within the meaning of the Legal Profession Act 2007 ; interstate legal practitioner means an interstate legal practitioner within the meaning of the Legal Profession Act 2007 ; practitioner means an Australian legal practitioner. Division 4 - Hearings for settling disputes 29. Hearings for settling disputes (1) An organization, employer, employee or the Minister may apply to the President for a hearing before a Commissioner in respect of an industrial dispute. (1AA) For the purpose of this section, a referral of a matter to the Commission by the Employer under section 16(2)(b) of the State Service Act 2000 is taken to be an application to the President for a hearing by the State Service employee named in that referral. (1A) A former employee may apply to the President for a hearing before a Commissioner in respect of an industrial dispute relating to – (a) the termination of employment of the former employee; or (b) severance pay in respect of employment of the former employee terminated as a result of redundancy; or (c) a breach of an award or a registered agreement involving the former employee; or (d) a dispute over the entitlement to long service leave, or payment instead of any such leave, or the rate of ordinary pay at which any such leave or payment is to be paid in respect of the former employee. (1B) An application for a hearing before a Commissioner in respect of an industrial dispute relating to termination of employment or severance pay relating to redundancy is to be made within 21 days after the date of termination or, if the Commissioner considers there to be exceptional circumstances, such further period as the Commissioner considers appropriate. (1C) The Minister responsible for the Workplace Standards Authority may apply to the President for a hearing before a Commissioner in respect of an industrial dispute relating to a breach of an award or a registered agreement. (1D) An application for a hearing in respect of a dispute, including a dispute relating to – (a) termination of employment; or (b) severance pay; or (c) breach of an award or a registered agreement; or (d) long service leave – must contain full particulars of – (e) the circumstances giving rise to the dispute; and (f) the nature of the claim; and (g) the remedy being sought by the applicant. (1E) At any time before setting a date for a hearing, or before the date of the hearing, the Commission, of its own motion or at the request of a party to the dispute, may require the applicant to provide further and better particulars of – (a) the nature and circumstances of the dispute; and (b) the nature of the claim; and (c) the remedy sought – if the Commission considers it necessary to ensure that the Commission and the parties to the dispute are properly informed. (2) The President must – (a) allocate to a Commissioner for hearing an application made under this section; and (b) cause notice of the time and place of the hearing to be given to a person who, or an organisation which, the President considers is able to assist in the settlement or prevention of the industrial dispute. (3) At any stage of proceedings relating to a hearing under subsection (2) , the Commission, of its own motion or at the request of one or more of the parties to the proceedings, may attempt to conciliate the dispute. 30. Criteria applying to disputes relating to termination of employment (1) In this section – continuing employment means employment that is of a continuing or indefinite nature or for which there is no expressed or implied end date to the contract of employment; employee means a person who is or was engaged to work casual employment, part-time employment, full-time employment or probationary employment and includes a former employee; relationship status means the status of being, or having been, in a personal relationship, within the meaning of the Relationships Act 2003 . (2) In considering an application in respect of termination of employment, the Commission must ensure that fair consideration is accorded to both the employer and employee concerned and that all of the circumstances of the case are fully taken into account. (3) The employment of an employee who has a reasonable expectation of continuing employment must not be terminated unless there is a valid reason for the termination connected with – (a) the capacity, performance or conduct of the employee; or (b) the operational requirements of the employer's business. (4) Without limitation, the following are not valid reasons for termination of employment: (a) membership of a trade union or participation, or involvement, in trade union activities; (b) seeking office as, acting as, or having acted as, a representative of employees; (c) non-membership of a trade union; (d) race, colour, gender, sexual preference, age, physical or intellectual disability, marital status, relationship status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin, except where the inherent nature of the work precludes employment for any of those reasons; (e) absence from work during maternity or parental leave; (f) temporary absence from work because of illness or injury, provided that nothing in this paragraph is to be construed as removing an employer's right to terminate an employee's employment on account of persistent or unjustified absenteeism; (g) the filing of a complaint, or the participation in proceedings, against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities. (5) Where an employer terminates an employee's employment, the onus of proving the existence of a valid reaso