24Award hearings before Commissioner sitting alone

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)  *[Section 24 Subsection (4) substituted by No. 90 of 1994, s. 7 ]*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)  *[Section 24 Subsection (4A) inserted by No. 90 of 1994, s. 7 ]*A party to the hearing of an application may request the Commissioner to refer the application to the President.

(4B)  *[Section 24 Subsection (4B) inserted by No. 90 of 1994, s. 7 ]*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.