Commonwealth Numbered Acts

INDUSTRIAL RELATIONS ACT 1988

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Objects of Act  
   4.      Interpretation  
   5.      Additional operation of Act  
   6.      Application to Crown  
   7.      Extension to Christmas Island  
   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  
   16.     Tenure of Commission members  
   17.     Acting President  
   18.     Acting Deputy Presidents  
   19.     Oath or affirmation of office  
   20.     Duty of Commission members  
   21.     Salary 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  
   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.     President to designate Presidential Members  
   39.     Conference of Commission members  
   40.     Delegation by President  
   41.     Protection of Commission members  
   42.     Representation of parties before Commission  
   43.     Intervention generally  
   44.     Particular rights of intervention of Minister  
   45.     Appeals to Full Bench  
   46.     References to Court by Commission on question of law  
   47.     Seals of Commission  
   48.     Rules of Commission  
   49.     Annual report of Commission  
   50.     Jurisdiction of Court  
   51.     Interpretation of awards  
   52.     Exclusive jurisdiction  
   53.     Exercise of Court's jurisdiction  
   54.     Reference of proceedings to Full Court  
   55.     Limitation on appeals to Full Court  
   56.     Appeals from State and Territory courts  
   57.     Limitations on appeals from Court to High Court  
   58.     Representation of parties before Court  
   59.     Intervention generally  
   60.     Particular rights of intervention of Minister  
   61.     Injunctions not to contravene Act etc.  
   62.     Australian Industrial Registry  
   63.     Functions of the Industrial Registry  
   64.     Registries  
   65.     Seals of the Registry  
   66.     Annual report of Industrial Registry  
   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  
   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  
   83.     Staff  
   84.     Inspectors  
   85.     Identity cards  
   86.     Powers of inspectors  
   87.     Inspector to investigate matters affecting safety of employees  
   88.     Annual report  
   89.     General functions of Commission  
   90.     Commission to take into account the public interest  
   91.     Commission to encourage agreement on procedures for preventing and settling disputes  
   92.     Commission to have regard to compliance with disputes procedures  
   93.     Commission to take account of Racial Discrimination Act and Sex Discrimination Act  
   94.     Uniformity in relation to certain conditions of employment  
   95.     No automatic flow on of terms of certified agreements  
   96.     Schemes of apprenticeship  
   97.     Safety, health and welfare of employees  
   98.     Commission to act quickly  
   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  
   111.    Particular powers of Commission  
   112.    Consent awards  
   113.    Power to set aside or vary awards  
   114.    Power to make further awards in settlement of industrial dispute etc.  
   115.    Certified agreements  
   116.    Operation of certified agreements  
   117.    Certified agreements may be varied, set aside, terminated etc.  
   118.    Demarcation disputes  
   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  
   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  
   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  
   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  
   141.    Common rules  
   142.    Variation of common rules  
   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  
   151.    Registrar to review operation of awards  
   152.    Awards to prevail over State laws, awards etc.  
   153.    Validity of State orders, awards etc.  
   154.    Reprints of awards as varied  
   155.    Expressions used in awards  
   156.    Application of Division  
   157.    Notification of disputes  
   158.    Powers of Commission  
   159.    Exercise of powers  
   160.    Parties  
   161.    Application of other provisions of Act  
   162.    Trade Practices Act not affected  
   163.    Interpretation  
   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  
   167.    Division not to apply in relation to certain proceedings  
   168.    Appointment of Port Conciliators  
   169.    Federal Ports Co-ordinating Committee  
   170.    Port Co-ordinating Committees  
   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  
   178.    Imposition and recovery of penalties  
   179.    Recovery of wages etc.  
   180.    Unclaimed moneys  
   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  
   187.    Cancellation and suspension of awards and orders  
   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  
   193.    Designated Presidential Member to review registration of small 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.    Rules may permit organisation to enter into agreements with State registered unions  
   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  
   208.     Rules contravening section 196  
   209.    Directions for performance of rules  
   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  
   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  
   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  
   233.    Interpretation  
   234.    Procedure to be followed for proposed amalgamation etc.  
   235.    Application for approval to be lodged  
   236.    Consideration of form of application etc.  
   237.    Notification of hearing in relation to proposed amalgamation  
   238.    Submissions  
   239.    Community of interest declaration  
   240.    Approval for submission to ballot of amalgamation not involving extension of eligibility rules etc.  
   241.    Objections in relation to amalgamation involving extension of eligibility rules etc.  
   242.    Approval for submission to ballot of amalgamation involving extension of eligibility rules etc.  
   243.    Ballot of members  
   244.    Notice of ballot etc.  
   245.    Officer of organisation to provide information for ballot etc.  
   246.    Determination of approval of amalgamation by members of organisations  
   247.    Inquiries into irregularities  
   248.    Approval of amalgamation  
   249.    Action to be taken after ballot  
   250.    Resignation from membership  
   251.    Effect of amalgamation on awards and orders  
   252.    Holding of offices after amalgamation  
   253.    Expenses of ballot  
   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  
   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  
   268.    Records to be kept and lodged by organisations  
   269.    Organisations to notify particulars of loans, grants and donations  
   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  
   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  
   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  
   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  
   311.    Contravention of awards and orders  
   312.    Incitement to boycott award forbidden  
   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 amalgamation  
   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.  
   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  
   341.    Prosecutions  
   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  
   347.    Costs only where proceeding instituted vexatiously etc.  
   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  
   354.    Inspection of documents etc.  
   355.    Trade secrets etc. tendered as evidence  
   356.    Application of penalties  
   357.    Enforcement of penalties etc.  
   358.    Appropriation for payment of certain salaries and allowances  
   359.    Regulations  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4