51F. Interpretation
In this Part ¾
}Commission~ and }Chief Commissioner~ have the meanings given to those terms in section 7(1) of the Industrial Relations Act 1979;
}matter~ includes a claim under section 35C.
51G. Industrial Relations Commission sitting as the Occupational Safety and Health Tribunal
(1) By this subsection the Commission has jurisdiction to hear and determine matters that may be referred for determination under sections 28(2), 30(6), 30A(4), 31(11), 34(1), 35(3), 35C, 39G(1), (2) and (3) and 51A(1).
(2) When sitting in exercise of the jurisdiction conferred by subsection (1) the Commission is to be known as the Occupational Safety and Health Tribunal (the }Tribunal~).
(3) A determination of the Tribunal on a matter mentioned in subsection (1) has effect according to its substance and an order containing the determination is an instrument to which section 83 of the Industrial Relations Act 1979 applies.
51H. Jurisdiction to be exercised by Commissioner with requisite qualifications
(1) The jurisdiction conferred by section 51G in respect of any matter is to be exercised ¾
(a) by the Commissioner appointed for the purposes of section 8(2a) of the Industrial Relations Act 1979; or
(b) if that Commissioner is unable to act by reason of sickness, absence or other cause ¾
(i) by another Commissioner; or
(ii) an Acting Commissioner appointed under section 17 of the Industrial Relations Act 1979,
to whom the Chief Commissioner may allocate the matter under section 16 of that Act.
(2) In allocating a matter for the purposes of subsection (1)(b) the Chief Commissioner is to have regard to the desirability of the Commissioner concerned having relevant knowledge in the field of occupational safety and health.
(3) A Commissioner to whom a matter has been allocated under subsection (1)(b) may continue and complete the hearing and determination of part-heard proceedings after the Commissioner referred to in subsection (1)(a) has resumed his or her duties.
51I. Practice, procedure and appeals
(1) The provisions of sections 22B, 26(1), (2) and (3), 27, 28, 31(1), (2), (3), (5) and (6), 33, 34(1), (3) and (4), 36 and 49 of the Industrial Relations Act 1979 that apply to and in relation to the exercise of the jurisdiction of the Commission constituted by a Commissioner apply to the exercise of the jurisdiction conferred by section 51G ¾
(a) with such modifications as are prescribed under section 113 of that Act; and
(b) with such other modifications as may be necessary or appropriate.
(2) For the purposes of subsection (1), section 31(1) of the Industrial Relations Act 1979 applies as if paragraph (c) were deleted and the following paragraph were inserted instead ¾
} (c) by a legal practitioner. ~.
51J. Conciliation
(1) This section applies where a matter has been referred to the Tribunal for determination under section 28(2), 30(6), 30A(4), 31(11), 35(3) or 39G.
(2) If the Tribunal considers that the issues involved may be resolved by conciliation ¾
(a) the Tribunal may endeavour to assist the parties to reach an agreement on those issues; and
(b) for that purpose the Tribunal may ¾
(i) arrange conferences of the parties or their representatives presided over by the Tribunal;
(ii) arrange for the parties or their representatives to confer among themselves at a conference at which the Tribunal is not present; and
(iii) otherwise encourage the parties to exchange or divulge attitudes or information that in the opinion of the Tribunal would assist in the resolution of the issues.
(3) The Tribunal may give any direction or make any order or declaration that the Tribunal thinks expedient for the purposes of this section, and any such direction, order or declaration is enforceable as if it were given or made under section 32 of the Industrial Relations Act 1979.
(4) If the Tribunal gives or makes a direction, order or declaration under subsection (3) the Tribunal must ¾
(a) if it is given or made orally, reduce the direction, order or declaration to writing as soon as is practicable; and
(b) make the text of the direction, order or declaration available to the parties as soon as is practicable after it is given or made.
(5) If the Tribunal ¾
(a) takes action under subsection (2)(a); and
(b) is satisfied that the parties have reached agreement on all of the issues involved,
the Tribunal may, with the consent of the parties, make a determination for the purposes of section 51G in terms of that agreement.
(6) If the Tribunal ¾
(a) takes action under subsection (2)(a); and
(b) subsection (5)(b) does not apply,
the Tribunal is to determine the matter for the purposes of section 51G.
(7) In making a determination mentioned in subsection (6) the Tribunal is to endeavour to ensure that the matter is resolved ¾
(a) taking into account any agreement reached by the parties on any particular issue; and
(b) subject to paragraph (a), on terms that could reasonably have been agreed between the parties in the first instance or by conciliation.
51K. Certain matters to be heard together
(1) The section applies if ¾
(a) under the Industrial Relations Act 1979, an employee has referred to the Commission a claim that the employee has been harshly, oppressively or unfairly dismissed from employment; and
(b) a matter ¾
(i) involving the same employer and employee; and
(ii) arising out of the same circumstances,
has been referred for determination under the jurisdiction conferred by section 51G.
(2) An employee referred to in subsection (1) may in writing request that a matter referred to in subsection (1)(a) be heard and determined by the Commissioner who is hearing and determining the matter referred to in subsection (1)(b).
(3) If such a request is made, the Chief Commissioner, in exercising the powers conferred by section 16 of the Industrial Relations Act 1979, is to allocate the hearing and determination of the matter accordingly.
(4) If ¾
(a) an employee has referred to the Commission a claim of the kind described in section 29(1)(b)(ii) of the Industrial Relations Act 1979; and
(b) the claim involves the same employer and arises out of the same circumstances as a matter that has been referred for determination under the jurisdiction conferred by section 51G,
nothing in this section prevents the Chief Commissioner exercising the powers conferred by section 16 of that Act so that the claim is heard and determined by the Commissioner who is hearing and determining the matter referred to in paragraph (b).