[Browse Databases] [Alphabetical Index] ['In' Index]
[Download Act] [Search Act]

---

INDUSTRIAL RELATIONS ACT 1988 - Updated as at 10 May 1996 (HISTACT CHAP 3045 #DATE 10:05:1996) - List of Sections

Section

INDUSTRIAL RELATIONS ACT 1988 - TABLE OF PROVISIONS

INDUSTRIAL RELATIONS ACT 1988 - LONG TITLE

PART I
PART I - PRELIMINARY

1. Short title
2. Commencement
3. Objects of Act
4. Interpretation
5. Additional operation of Act
5A. Special provision for industrial disputes in the Australia-Indonesia Zone of Cooperation
6. Application to Crown
7. Extension to Christmas Island
7A. Act not to apply so as to exceed Commonwealth power
PART II
PART II - AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

DIVISION 1
Division 1 - Establishment of Commission

8. Establishment of Commission
9. Appointment of Commission members etc.
10. Qualifications for appointment
11. Seniority
12. Performance of duties on part-time basis
13. Dual federal and State appointments
14. Performance of duties by dual federal and State appointees
15. Dual federal appointments
15A. Appointment of a Judge as President not to affect tenure etc.
16. Tenure of Commission members
17. Acting President
17A. Acting Vice President
17B. Acting Senior Deputy President
18. Acting Deputy Presidents
19. Oath or affirmation of office
19A. Discharge of Commission's business
20. Duty of Commission members
21. Remuneration and allowances of Presidential Members etc.
22. Application of Judges' Pensions Act
23. Remuneration and allowances of Commissioners
24. Removal of Presidential Member from office
25. Outside employment of Commissioner
26. Leave of absence of Commissioner
27. Disclosure of interest by Commission members
28. Termination of appointment of Commissioner
29. Resignation by Commission member
DIVISION 2
Division 2 - Organisation of Commission

30. Manner in which Commission may be constituted
31. Powers exercisable by single member of Commission
32. Functions and powers conferred on members
33. Powers may be exercised of Commission's own motion or on application
34. Continuation of hearing by Commission
35. Commission divided in opinion
36. Arrangement of business of Commission
37. Panels of Commission for particular industries
38. Vice President's Panel
39. Conference of Commission members
40. Delegation by President
41. Protection of Commission members
DIVISION 3
Division 3 - Representation and intervention

42. Representation of parties before Commission
43. Intervention generally
44. Particular rights of intervention of Minister
DIVISION 4
Division 4 - Appeals to Full Bench and references to Court

45. Appeals to Full Bench
46. References to Court by Commission on question of law
DIVISION 5
Division 5 - Miscellaneous

47. Seals of Commission
48. Rules of Commission
49. Annual report of Commission
PART IV
PART IV - AUSTRALIAN INDUSTRIAL REGISTRY

DIVISION 1A
Division 1A - Interpretation

61A. Definition of "State industrial body"
DIVISION 1
Division 1 - Establishment and functions of Australian
Industrial Registry

62. Australian Industrial Registry
63. Functions of the Industrial Registry
64. Registries
65. Seals of the Registry
66. Annual report of Industrial Registry
DIVISION 2
Division 2 - Registrars

67. Industrial Registrar
68. Tenure of office of Industrial Registrar
69. Remuneration and allowances of Industrial Registrar
70. Outside employment of Industrial Registrar
71. Disclosure of interests by Industrial Registrar
72. Leave of absence of Industrial Registrar
73. Resignation by Industrial Registrar
74. Termination of appointment of Industrial Registrar
75. Deputy Industrial Registrars
76. Acting Industrial Registrar
77. Acting Deputy Industrial Registrars
78. Oath or affirmation of office of Registrar
DIVISION 3
Division 3 - References and appeals

79. References by Registrar to Commission
80. Removal of matters before Registrar
81. Appeals from Registrar to Commission
82. References to Court by Registrar on question of law
DIVISION 4
Division 4 - Staff

83. Staff
PART V
PART V - INSPECTORS

84. Inspectors
85. Identity cards
86. Powers of inspectors
87. Inspector to investigate matters affecting safety of employees
88. Annual report
PART VI
PART VI - DISPUTE PREVENTION AND SETTLEMENT

DIVISION 1A
Division 1A - Objects of Part

88A. Objects of Part
DIVISION 1
Division 1 - Functions of Commission generally

89. General functions of Commission
90. Commission to take into account the public interest
90AA. Performance of Commission's functions under this Part and Part VIC
90AB. Discrimination because of age
90A. Commission to have regard to operation of Superannuation Guarantee legislation when making National Wage Case decision
91. Commission to encourage agreement on procedures for preventing and settling disputes
92. Commission to have regard to compliance with disputes procedures
92A. Commission to have regard to relevant decisions of Coal Industry Tribunal
93. Commission to take account of Racial Discrimination Act, Sex Discrimination Act and Disability Discrimination Act
93A. Commission to take account of Family Responsibilities Convention
95. No automatic flow-on of terms of certain awards and agreements
96. Schemes of apprenticeship
97. Safety, health and welfare of employees
98. Commission to act quickly
DIVISION 2
Division 2 - Powers and procedures of Commission for
dealing with industrial disputes

99. Notification of industrial disputes
100. Disputes to be dealt with by conciliation where possible
101. Findings as to industrial disputes
102. Action to be taken where dispute referred for conciliation
103. Completion of conciliation proceeding
104. Arbitration
105. Exercise of arbitration powers by member who has exercised conciliation powers
106. Certain matters to be dealt with by Full Bench
107. Reference of disputes to Full Bench
108. President may deal with certain proceedings
109. Review on application by Minister
110. Procedure of Commission
Particular powers of Commission

111. Particular powers of Commission
111A. Hearings in relation to discriminatory awards
113. Power to set aside or vary awards
113A. Commission to include enterprise flexibility provisions in awards
113B. Variation of award to give effect to agreement negotiated under enterprise flexibility provision
114. Power to make further awards in settlement of industrial dispute etc.
118. Demarcation disputes
118A. Organisation coverage
119. Compulsory conferences
120. Relief not limited to claim
121. Power to override certain laws affecting public sector employment
122. Power to grant preference to members of organisations etc.
123. Power to provide special rates of wages
124. Limitation on powers of Commission relating to payments in relation to periods of industrial action
125. Power to include bans clauses
126. Stand-down applications
127. Orders in relation to industrial action involving public sector employment
127A. Unfair contracts with independent contractors: Court's powers
127B. Court may make orders about unfair contracts
127C. Application of sections 127A and 127B
128. State authorities may be restrained from dealing with disputes
129. Joint sessions of Commission
130. Reference of industrial dispute to local industrial board for report
131. Boards of reference
132. Discussions about conciliation and arbitration processes
133. Industry consultative councils
134. Power of inspection
DIVISION 4
Division 4 - Ballots ordered by Commission

135. Commission may order secret ballot
136. Application by members of organisation for secret ballot
137. Scope of directions for secret ballots
138. Conduct of ballot
139. Commission to have regard to result of ballot
140. Certain members not required to obey directions of organisation
DIVISION 5
Division 5 - Common rules

141. Common rules
142. Variation of common rules
DIVISION 6
Division 6 - Awards of Commission

143. Making and publication of awards etc.
144. Form of awards
145. Date of awards
146. Commencement of awards
147. Term of awards
148. Continuation of awards
149. Persons bound by awards
150. Awards of Commission are final
150A. Commission to review awards
151. Registrar to review operation of awards
152. Awards to prevail over State laws, awards etc.
153. Validity of State orders, awards etc.
153A. No Title
154. Reprints of awards as varied
155. Expressions used in awards
DIVISION 7
Division 7 - Secondary Boycotts

INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION A
Subdivision A - Interpretation

156. Definitions
157. Engaging in conduct
158. Acquisition or supply of goods or services
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION B
Subdivision B - Operation of Division

159. Application of Division to Commonwealth and Commonwealth authorities
160. Additional operation of provision prohibiting boycotts
161. Additional operation of provision prohibiting boycotting agreements
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION C
Subdivision C - Boycotts and boycotting agreements

162. Boycotts
162A. Exemption of peaceful picketing
163. Boycotting agreements
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION D
Subdivision D - Powers of Commission in relation
to boycott disputes

163A. Notification of boycott disputes
163B. Commission to act quickly
163C. Parties to proceedings under Division
163D. Certificates by Commission
163E. Application of other provisions of Act
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION E
Subdivision E - Proceedings

163F. Criminal proceedings not to be brought for boycott conduct
163G. Injunctions
163H. Actions for damages
163J. Findings admissible in other proceedings
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION F
Subdivision F - Miscellaneous

163K. Conduct on behalf of an organisation of employees
163L. Conduct by directors, servants or agents of body corporate
163M. Conduct by servants or agents of an individual
163N. Matters to be taken into account in boycott proceedings
163P. Jurisdiction of the Court
163Q. Costs
DIVISION 8
Division 8 - Exclusive jurisdiction in relation
to certain proceedings

164. Certain actions not to lie under other laws in relation to boycott conduct
165. Certain actions not to lie under other laws in relation to certain industrial action involving public sector employment
166. Certain actions not to lie under other laws in relation to breaches of bans clauses
166A. Restriction on certain actions in tort
167. Division not to apply in relation to certain proceedings
PART VIA
PART VIA - MINIMUM ENTITLEMENTS OF EMPLOYEES

DIVISION 1
Division 1 - Minimum wages

170AA.Object
170AB.Meaning of expressions
170AC.Orders
170AD.Orders only on application
170AE.When Commission must make order
170AF.Matters relevant to the level of minimum wages
170AG.Division not to limit other rights
170AH.Additional effect of Division
DIVISION 2
Division 2 - Equal remuneration for work of equal value

170BA.Object
170BB.Equal remuneration for work of equal value
170BC.Orders requiring equal remuneration
170BD.Orders only on application
170BE.No order if adequate alternative remedy exists
170BF.Immediate or progressive introduction of equal remuneration
170BG.Employer not to reduce remuneration
170BH.Division not to limit other rights
170BI.Additional effect of Division
DIVISION 3
Division 3 - Termination of employment

INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION A
Subdivision A - Object and interpretation

170CA.Object
170CB.Interpretation
170CC.Regulations may exclude employees as permitted by Convention
170CD.Exclusion of employees not employed under award conditions whose wages exceed a particular amount
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION B
Subdivision B - Requirements for lawful termination
of employment

170DA.Commencement of Subdivision
170DB.Employee to be given notice of termination
170DC.Employee to have opportunity to respond to allegations
170DD.Employer to notify CES of proposed terminations in certain cases
170DE.Harsh, unjust or unreasonable termination
170DF.Employer not to terminate on certain grounds
170DG.Employer not to contravene Commission order about employment termination
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION C
Subdivision C - Remedies in respect of unlawful termination

170EA.Application to the Commission for conciliation
170EB.The conciliation process
170EC.Consent arbitration
170ECA.Appeal to a Full Bench of the Commission
170ECB.Enforcement of consent arbitration awards by the Court
170ED.Referral to the Court
170EDA.Onus of proof
170EE.Remedies the Court may grant
170EF.Penalty for contravening section 170DD
170EG.Contravention of Subdivision B not an offence
170EH.Injunction under section 431 not available
170EHA.Costs
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION CA
Subdivision CA - Regulations may prescribe formula
for indexing certain amounts

170EI.Regulations may prescribe formula for indexation
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION D
Subdivision D - Commission orders giving effect to
Articles 12 and 13 of Convention

170FA.Employment termination orders creating rules of general application
170FB.Orders only on application
170FC.No order if adequate alternative exists
170FD.Powers and procedures of Commission for dealing with applications
170FE.Commission's powers not limited by Subdivision E
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION E
Subdivision E - Commission orders after employer fails to
consult trade union about terminations

170GA.Orders by Commission where employer fails to consult trade union about terminations
170GB.Orders only on application
170GC.No order if adequate alternative remedy exists
170GD.Powers and procedures of Commission for dealing with applications
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION F
Subdivision F - Miscellaneous

170HA.Inconsistent awards and orders
170HB.Division not to limit other rights
DIVISION 4
Division 4 - Orders and proceedings

170JA.Orders to be in writing
170JB.When orders take effect
170JC.Compliance with orders
170JD.Variation and revocation of orders
170JE.Application of sections 109, 110, 111, 128 and 129 to orders and proceedings under this Part
170JEA.Representation of employers
170JF.Appeals to Full Bench
170JG.Inconsistency with awards or other orders of Commission
170JH.Validity of State laws, awards etc.
DIVISION 5
Division 5 - Parental leave

170KA.Effect of Division
170KB.Application of Schedule 14
170KC.Regulations may prescribe adoption leave
DIVISION 6
Division 6 - Leave to care for immediate family

170KAA.Commission to consider and make recommendations about carer's leave
PART VIB
PART VIB - PROMOTING BARGAINING AND FACILITATING AGREEMENTS

DIVISION 1
Division 1 - Objects and interpretation

170LA.Objects
170LB.Definitions
170LC.Meaning of "enterprise"
DIVISION 2
Division 2 - Certified agreements

170MA.Certified agreements
170MB.Organisations entitled to be heard
170MC.Certification of agreements
170MD.When Commission to refuse to certify agreements
170ME.How agreement may provide for its variation
170MF.Other options open to Commission instead of refusing to certify agreement
170MG.Commission to protect interests of certain employees
170MH.Procedures for preventing and settling disputes
170MI.Operation of certified agreements
170MJ.Extension of certified agreements
170MK.Effect of certified agreements
170ML.Variation of certified agreement as provided in the agreement
170MM.Certified agreements may be varied or terminated by Full Bench
170MN.Certified agreements may be terminated by parties
DIVISION 3
Division 3 - Enterprise flexibility agreements

170NA.When employer may apply for approval of implementation of agreement
170NB.Organisations entitled to be heard
170NC.Approval of implementation of agreement
170ND.When Commission to refuse to approve implementation of agreements
170NE.How agreement may provide for its variation
170NF.Other options open to Commission
170NG.Commission to protect interests of certain employees
170NH.Commission to determine how enterprise flexibility agreements to be published
170NI.Procedures for preventing and settling disputes
170NJ.Operation of enterprise flexibility agreements
170NK.Extension of enterprise flexibility agreements
170NL.Effect of enterprise flexibility agreements
170NM.Variation of enterprise flexibility agreement as provided in the agreement
170NN.Enterprise flexibility agreements may be varied or terminated by Full Bench
170NO.Enterprise flexibility agreements may be terminated by consent
170NP.Eligible union may agree to be bound by enterprise flexibility agreement
DIVISION 4
Division 4 - Immunity from civil liability

170PA.Object of Division
170PB.Joint employers
170PC.Application of Division
170PD.Initiation of bargaining period
170PE.Particulars to accompany notice
170PF.When bargaining period begins
170PG.Protected action
170PH.72 hours' notice of action to be given
170PI.Negotiation must precede industrial action or lockout
170PJ.What happens if Commission orders a ballot
170PK.Industrial action must be duly authorised
170PL.What happens if application to certify agreement is not made within 21 days
170PM.Immunity provisions
170PN.When bargaining period ends
170PO.Power of Commission to suspend or terminate bargaining period
170PP.What happens if Commission terminates a bargaining period under paragraph 170PO (1) (b)
DIVISION 5
Division 5 - Commission's role in facilitating
agreements under this Part

INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION A
Subdivision A - Bargaining Division of Commission

170QA.Bargaining Division of Commission
170QB.Role of the Bargaining Division
170QC.Assignment of Commission members to the Bargaining Division
170QD.Exercise of Bargaining Division's functions and powers by other Commission members
170QE.Composition of Full Bench established to perform or exercise any of the Bargaining Division's functions and powers
170QF.Organisation of the Bargaining Division's work
170QG.Assignment of other work to Bargaining Division
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION B
Subdivision B - Conciliation in relation to proposed agreements

170QH.Commission may conciliate in relation to certain proposed agreements under this Part
170QI.Directions and orders to overcome procedural difficulties
170QJ.Application of Part VI to conciliation under this Division
170QK.Commission orders in relation to negotiations for agreements under this Part
DIVISION 6
Division 6 - Miscellaneous

170RA.Employer not to discriminate between unionists and non-unionists when negotiating agreement under this Part
170RB.Representation of employees by union officials in negotiations for agreements under Division 3
170RC.Annual report about developments in bargaining at the enterprise and workplace levels
PART VIC
PART VIC - PAID RATES AWARDS

DIVISION 1
Division 1 - Objects of Part

170SA.Objects
DIVISION 2
Division 2 - Role of the Bargaining Division

170TA.Paid rates functions and powers
170TB.Certain disputes to be referred to Bargaining Division
170TC.Certain disputes to be referred back to relevant Presidential Member
DIVISION 3
Division 3 - Making, varying and cancelling paid rates awards

170UA.Commission to consider whether paid rates dispute should be settled by an agreement under Part VIB
170UB.Making or varying paid rates awards
170UC.Commission to maintain existing paid rates awards
170UD.Party acting inconsistently with award's status as a paid rates award
170UE.Paid rates awards to be identified as such
PART VII
PART VII - CO-OPERATION WITH THE STATES

171. Co-operation with States by President
172. Co-operation with States by Industrial Registrar
173. Member of Commission may exercise powers under prescribed State laws
174. Reference of dispute to State authority for determination
175. Joint proceedings
176. Conference with State authorities
177. Industrial matters affecting the oil industry in New South Wales
PART VIII
PART VIII - COMPLIANCE

DIVISION 1
Division 1 - Penalties and other remedies for contravention
of awards and orders

177A. Definition of "court of competent jurisdiction"
178. Imposition and recovery of penalties
179. Recovery of wages etc.
179A. Interest up to judgment
179B. Interest on judgment
179C. Plaintiffs may choose small claims procedure in magistrates' courts
179D. Small claims procedure
180. Unclaimed moneys
DIVISION 2
Division 2 - Breaches of bans clauses

181. Conduct in breach of bans clause
182. Certificate required for enforcement of bans clause
183. Certificate where settlement action fails
184. Certificate for breach after settlement action
185. Certificate for breach before settlement action
186. Certificate where settlement action not taken
DIVISION 3
Division 3 - Cancellation and suspension of awards and orders

187. Cancellation and suspension of awards and orders
PART IX
PART IX - REGISTERED ORGANISATIONS

DIVISION 1A
Division 1A - Preliminary

187A. Objects of Part
DIVISION 1
Division 1 - Registration

188. Associations capable of applying for registration
189. Criteria for registration
190. Applicant for registration may change its name or alter its rules
191. Registration
192. Incorporation
DIVISION 2
Division 2 - Rules of organisations

194. Organisations to have rules
195. Rules of organisations
196. General requirements for rules
197. Rules to provide for elections for offices
198. Rules to provide for elections by secret postal ballot
199. Rules to provide for terms of office
200. Rules may provide for filling of casual vacancies
201. Rules to provide conditions for loans, grants and donations by organisations
202. Agreement between organisation and State union
203. Industrial Registrar may determine alterations of rules
204. Change of name or alteration of eligibility rules of organisation
205. Alteration of other rules of organisation
206. Certain alterations of rules to be recorded
207. Evidence of rules
207A-207C.No Title
DIVISION 3
Division 3 - Validity and performance of rules

208. Rules contravening section 196
209. Directions for performance of rules
DIVISION 4
Division 4 - Conduct of elections for office

210. Conduct by Australian Electoral Commission
211. Application for organisation or branch to conduct its elections
212. Objections to application to conduct elections
213. Registrar may permit organisation or branch to conduct its elections
214. Registrar to arrange for conduct of elections
215. Provisions applicable to elections conducted by Australian Electoral Commission
216. Death of candidate
217. Ballot papers etc. to be preserved
DIVISION 5
Division 5 - Inquiries into elections

218. Application for inquiry
219. Instituting of inquiry
220. Court may authorise Industrial Registrar to take certain action
221. Interim orders
222. Procedure at hearing
223. Action by Court
224. Industrial Registrar to make arrangements for conduct of elections etc.
225. Enforcement of orders
226. Validity of certain acts etc. where election declared void
DIVISION 6
Division 6 - Disqualification from office

227. Interpretation
228. Certain persons disqualified from holding office in organisations
229. Application for leave to hold office in organisations by prospective candidate for office
230. Application for leave to hold office in organisations by office holder
231. Court to have regard to certain matters
232. Action by Court
DIVISION 7
Division 7 - Amalgamation of organisations

INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION A
Subdivision A - General

233. Application of objects to Division etc.
234. Interpretation
235. Procedure to be followed for proposed amalgamation etc.
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION B
Subdivision B - Preliminary matters

236. Federations
237. Use of resources to support proposed amalgamation
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION C
Subdivision C - Commencement of amalgamation procedure

238. Scheme for amalgamation
239. Alternative scheme for amalgamation
240. Approval by committee of management
241. Community of interest declaration
242. Application for approval for submission of amalgamation to ballot
243. Holding office after amalgamation
244. Application for exemption from ballot
245. Application for ballot not conducted under section 253J
246. Lodging "yes" case
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION D
Subdivision D - Role of Australian Electoral Commission

247. Ballots to be conducted by Australian Electoral Commission
248. Notification of Australian Electoral Commission
249. Officer of organisation to provide information for ballot etc.
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION E
Subdivision E - Procedure for approval of amalgamation

250. Fixing hearing in relation to amalgamation etc.
251. Submissions at amalgamation hearings
252. Approval for submission to ballot of amalgamation not involving extension of eligibility rules etc.
253. Objections in relation to amalgamation involving extension of eligibility rules etc.
253A. Approval for submission to ballot of amalgamation involving extension of eligibility rules etc.
253B. Fixing commencing and closing days of ballot
253C. Roll of voters for ballot
253D. "Yes" case and "no" case for amalgamation
253E. Alteration and amendment of scheme
253F. Outline of scheme for amalgamation
253G. Exemption from ballot
253H. Approval for ballot not conducted under section 253J
253J. Secret postal ballot of members
253K. Determination of approval of amalgamation by members
253L. Further ballot if amalgamation not approved
253M. Inquiries into irregularities
253N. Approval of amalgamation
253P. Expenses of ballot
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION F
Subdivision F - Amalgamation taking effect

253Q. Action to be taken after ballot
253R. Assets and liabilities of de-registered organisation become assets and liabilities of amalgamated organisation
253S. Resignation from membership
253T. Effect of amalgamation on awards and orders
253TA.Effect of amalgamation on agreement under section 202
253U. Instruments
253V. Pending proceedings
253W. Subdivision applies despite laws and agreements prohibiting transfer etc.
253X. Amalgamated organisation to take steps necessary to carry out amalgamation
253Y. Certificates in relation to land and interests in land
253Z. Certificates in relation to charges
253ZA.Certificates in relation to shares etc.
253ZB.Certificates in relation to other assets
253ZC.Court may resolve difficulties
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION G
Subdivision G - Validation

253ZD.Validation of certain acts done in good faith
253ZE.Validation of certain acts after 4 years
253ZF.Orders affecting application of section 253ZD or 253ZE
253ZG.Court may make orders in relation to consequences of invalidity
DIVISION 8
Division 8 - Validating provisions for organisations

254. Interpretation
255. Validation of certain acts done in good faith
256. Validation of certain acts after 4 years
257. Order affecting application of section 255 or 256
258. Court may make orders in relation to consequences of invalidity
259. Court may order reconstitution of branch etc.
260. Application for membership of organisation by person treated as having been a member
DIVISION 9
Division 9 - Membership of organisations

261. Entitlement to membership of organisations
262. Court may order that persons shall cease to be members of organisations
263. Request by member for statement of membership
264. Resignation from membership
265. Liability for arrears
266. Rectification of register of members
267. Conscientious objection to membership of organisations
DIVISION 10
Division 10 - Records to be kept and lodged by organisations

268. Records to be kept and lodged by organisations
269. Organisations to notify particulars of loans, grants and donations
DIVISION 11
Division 11 - Accounts and audit

270. Interpretation
271. Application of Division in relation to organisations divided into branches
272. Organisation to keep proper accounting records
273. Organisation to prepare accounts etc.
274. Information to be provided to members or Registrar
275. Auditors of organisations
276. Powers and duties of auditors
277. Fees and expenses of auditors
278. Removal of auditor from office
279. Copies of report and audited accounts to be provided to members and presented to meetings
280. Reports etc. to be lodged in Industrial Registry
281. Organisation may lodge accounts etc. of all branches
282. Organisation to forward notices etc. to auditor
283. Auditor entitled to attend meetings at which report presented
284. Auditors and other persons to enjoy qualified privilege in certain circumstances
285. Accounts and audit where income of organisation less than certain amount
DIVISION 12
Division 12 - Miscellaneous

286. Organisation may authorise inspection
287. Right to participate in certain ballots
288. Requests by members for information concerning elections and certain ballots
289. Providing copy of rules on request by member
290. Disputes between organisations and members
291. Certificate as to membership of organisation
292. List of officers to be evidence
293. Schedule 4 - Complementary registration systems
PART X
PART X - CANCELLATION OF REGISTRATION

294. Application for cancellation of registration
295. Orders where cancellation of registration deferred
296. Cancellation of registration on technical grounds etc.
297. Cancellation to be recorded
298. Consequences of cancellation of registration
PART XI
PART XI - OFFENCES

299. Offences in relation to Commission
300. Attendance at compulsory conferences
301. Intimidation etc.
302. Creating disturbance near Commission
303. Offences by witnesses
304. False representation of appointment as inspector
305. Obstructing inspector
306. Obstructing inspection
307. Application for secret ballot in relation to industrial action
308. Compliance with directions in relation to secret ballot
309. Organisation to notify assignment etc. of member's business
310. Failure to provide information in relation to election
313. Refusal or failure to comply with direction in relation to election
314. Failure to preserve ballot papers etc.
315. Offences in relation to elections
316. Obstructing Industrial Registrar in relation to election inquiry
317. Offences in relation to ballot
318. Failure to comply with requirement made in relation to an organisation
319. Failure to give statement as to membership of organisation
320. Offences in relation to conscientious objectors
321. Offences in relation to records of organisations
322. Offences in relation to particulars of loans etc.
323. Offences in relation to keeping and preparation of accounts etc.
324. Offences in relation to appointment of auditors
325. Offences in relation to auditor's report
326. Offences in relation to obstruction etc. of auditors
327. Offences in relation to accounts, reports etc.
328. Failure to lodge accounts etc.
329. Offences in relation to investigation by Registrar
330. Offences in relation to lodging of accounts
331. Offences in relation to accounts of low income organisations
332. Failure by returning officer to provide information on request by member
333. Failure to provide copy of rules on request by member
334. Certain offences in relation to members of organisations etc.
334A. Employees not to be dismissed etc. for engaging in industrial action
335. Offences by organisations in relation to industrial action etc.
336. Offences in relation to independent contractors etc.
337. False representation as to membership of organisation
338. Contracts entered into by agents of employers
339. Publication of trade secrets etc.
340. Unauthorised collection of money
PART XII
PART XII - FINANCIAL ASSISTANCE AND COSTS

DIVISION 1
Division 1 - Financial assistance

342. Authorisation of financial assistance
343. Court may certify that application was reasonable
344. Applications under sections 208, 209 and 261
345. Fees for 2 counsel not normally to be paid
346. Powers of Court not affected
DIVISION 2
Division 2 - Costs

347. Costs only where proceeding instituted vexatiously etc.
PART XIII
PART XIII - MISCELLANEOUS

348. Delegation by Minister
349. Conduct by officers, directors, employees or agents
350. No imprisonment in default
351. Jurisdiction of courts limited as to area
352. Public sector employer to act through employing authority
353. Proceedings by and against unincorporated clubs
353A. Records relating to employees
354. Inspection of documents etc.
355. Trade secrets etc. tendered as evidence
356. Application of penalty
357. Enforcement of penalties etc.
358. Appropriation for payment of certain salaries and allowances
359. Regulations
PART XIV
PART XIV - INDUSTRIAL RELATIONS COURT OF AUSTRALIA

DIVISION 1
Division 1 - Interpretation

360. Definitions
DIVISION 2
Division 2 - Constitution of the Court

361. Creation of Court
362. Appointment, removal and resignation of Judges
363. Acting Chief Justice
364. Seniority
365. Salary and allowances of Judges
366. Salary and allowances of Judges who hold other judicial appointments
367. Payment of salary and allowance
368. Oath or affirmation of office
369. Place of sitting
370. How Court may be constituted
371. Arrangement of business of Court
372. Court divided in opinion
373. Exercise of jurisdiction in open court and in Chambers
374. Powers of Court to extend to whole of Australia
DIVISION 3
Division 3 - Judicial Registrars

375. Judicial Registrars
376. Powers of Judicial Registrars
377. Review of decisions of Judicial Registrars
378. Exercise by Court of delegated powers
379. Independence of Judicial Registrars
380. Judicial Registrars hold office on full-time or part-time basis
381. Qualifications for appointment etc.
382. Term of office
383. Remuneration and allowances
384. Leave of absence
385. Resignation
386. Termination of appointment
387. Oath or affirmation of office
388. Other terms and conditions of appointment
DIVISION 4
Division 4 - Management of the Court

INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION A
Subdivision A - Responsibilities of Chief Justice and Registrar

389. Management of administrative affairs of Court
390. Registrar
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION B
Subdivision B - Appointment, powers etc. of Registrar

391. Appointment of Registrar
392. Powers of Registrar
393. Remuneration of Registrar
394. Terms and conditions of appointment of Registrar
395. Leave of absence
396. Resignation
397. Outside employment of Registrar
398. Termination of appointment
399. Disclosure of interests by Registrar
400. Acting Registrar
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION C
Subdivision C - Other officers and staff of Registries

401. Personnel other than the Registrar
402. Sheriff
403. Powers of Registrar regarding Court officers and Registry staff
404. Engagement of consultants etc.
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION D
Subdivision D - Miscellaneous administrative matters

405. Annual report
406. Proper accounts to be kept
407. Audit
408. Delegation of administrative powers of Chief Justice
409. Proceedings arising out of administration of Court
410. Oath or affirmation of office
411. Arrangements with other courts to perform functions
DIVISION 5
Division 5 - Jurisdiction of the Court

INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION A
Subdivision A - Original jurisdiction

412. Jurisdiction of Court
413. Interpretation of awards
414. Exclusive jurisdiction
415. Exercise of Court's original jurisdiction
416. Reference of proceedings to Full Court
417. Declarations of right
418. Determination of matter completely and finally
419. Making of orders and issue of writs
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION B
Subdivision B - Appellate and related jurisdiction

420. Appellate jurisdiction
421. Limitation on appeals to Full Court
422. Appeals from State and Territory courts
423. Exercise of appellate jurisdiction
424. Cases stated and questions reserved
425. Evidence on appeal
426. Form of judgment on appeal
427. Stay of proceedings and suspension of orders
428. New trials
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION C
Subdivision C - General

429. Contempt of Court
430. Jurisdiction in associated matters
431. Injunctions against contravening Act etc.
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION D
Subdivision D - Appeals to High Court

432. Limitations on appeals from Court to High Court
DIVISION 6
Division 6 - Representative proceedings

INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION A
Subdivision A - Preliminary

433. Interpretation
434. Application
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION B
Subdivision B - Commencement of representative proceeding

435. Commencement of proceeding
436. Standing
437. Is consent required to be a group member?
438. Persons under disability
439. Originating process
440. Right of group member to opt out
441. Causes of action accruing after commencement of representative proceeding
442. Situation if fewer than 7 group members
443. Cost of distributing money etc. excessive
444. Order that proceeding not continue as representative proceeding if costs excessive etc.
445. Consequences of order that proceeding not continue under this Division
446. Determination of issues if not all issues are common
447. Individual issues
448. Directions relating to commencement of further proceedings
449. Adequacy of representation
450. Stay of execution in certain circumstances
451. Settlement and discontinuance - representative proceeding
452. Settlement of individual claim of representative party
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION C
Subdivision C - Notices

453. Notice to be given of certain matters
454. Notices - ancillary provisions
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION D
Subdivision D - Judgment etc.

455. Judgment - powers of the Court
456. Constitution etc. of fund
457. Effect of judgment
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION E
Subdivision E - Appeals

458. Appeals to the Court
459. Appeals to the High Court - extended operation of sections 458 and 461
INDUSTRIAL RELATIONS ACT 1988 - SUBDIVISION F
Subdivision F - Miscellaneous

460. Suspension of limitation periods
461. General power of Court to make orders
462. Saving of rights, powers etc.
463. Reimbursement of representative party's costs
DIVISION 7
Division 7 - Registries, officers and seal

464. Registries
465. Officers of Court
466. Powers of Registrars
467. Seal of Court
468. Writs etc.
DIVISION 8
Division 8 - Representation and intervention

469. Representation of parties before Court
470. Intervention generally
471. Particular rights of intervention of Minister
DIVISION 9
Division 9 - General

472. Practice and procedure
473. Form of oath or affirmation
474. Oaths and affirmations
475. Swearing of affidavits
476. Orders and commissions for examination of witnesses
477. Oral and affidavit evidence
478. Change of venue
479. Reserved judgments
480. Prohibition of publication of evidence etc.
481. Formal defects not to invalidate
482. Interest up to judgment
483. Interest on judgment
484. Enforcement of judgment
485. Offences by witnesses
DIVISION 10
Division 10 - Rules of Court and regulations

486. Rules of Court
487. Regulations relating to fees
SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SCHEDULE 7

SCHEDULE 8

SCHEDULE 9

SCHEDULE 10

SCHEDULE 11

SCHEDULE 12

SCHEDULE 13

SCHEDULE 14

SCHEDULE 15

SCHEDULE 16

---

[Browse Databases] [Alphabetical Index] ['In' Index]
[Download Act] [Search Act] [Back to top]