New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 146B

146B Commission may exercise certain dispute resolution functions under federal enterprise agreements

(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 enterprise agreement, and

(b) the Commission is authorised or permitted to conduct the dispute resolution process under procedures set out in the agreement.

(2) On any such application, the Commission has and may exercise such functions with respect to the resolution of the dispute as are conferred or imposed on it by or under--

(a) the federal enterprise agreement concerned, and

(b) the federal Act.

(3) The Commission is to be constituted by a single member of the Commission unless the federal enterprise agreement or federal Act (as the case may be) requires otherwise.

(4) Subject to subsection (5), the exercise of a function conferred or imposed 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 exercised under this Act.

(5) The regulations may make provision for or with respect to the application of the provisions of this Act (with such modifications, if any, as may be prescribed by the regulations) to the exercise of functions conferred or imposed on the Commission as referred to in subsection (2).

(6) The functions that the Commission is authorised or permitted to exercise as referred to in this section are in addition to, and do not derogate from, any other function of the Commission.

(7) Nothing in this section makes any order, determination or other decision of the Commission in respect of the dispute binding on other parties to the dispute unless the federal enterprise agreement concerned or federal Act operate to make it binding on the parties.

(8) In this section--

"federal Act" means the Fair Work Act 2009 of the Commonwealth.

"federal enterprise agreement" means--

(a) an enterprise agreement, or

(b) a preserved State agreement (but only if the nominal term of the agreement has not yet expired),

within the meaning of the federal Act (and includes any workplace agreement within the meaning of the former Workplace Relations Act 1996 of the Commonwealth that continues in force under the law of the Commonwealth).

"modification" includes addition, exception, omission or substitution.