31Orders arising from hearings

### 31 Orders arising from hearings > > (1)  [*\[Section 31 Subsection (1) amended by No. 18 of 1997, s. 16, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS16@Hpb@EN) [*\[Section 31 Subsection (1) amended by No. 18 of 1997, s. 16, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS16@Hpa@EN) Subject to this section, where the Commissioner presiding at a hearing under [section 29](#GS29@EN) is of the opinion, after affording the parties at the hearing a reasonable opportunity to make any relevant submissions and considering the views expressed at the hearing, that anything should be required to be done, or that any action should be required to be taken, for the purpose of preventing or settling the industrial dispute in respect of which the hearing was convened, that Commissioner may, by order in writing, direct that that thing is to be done or that action is to be taken. > > > (1A)  [*\[Section 31 Subsection (1A) amended by No. 104 of 2000, s. 17, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS17@Hpa@EN) [*\[Section 31 Subsection (1A) amended by No. 18 of 1997, s. 16, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS16@Hpc@EN) *\[Section 31 Subsection (1A) inserted by No. 90 of 1994, s. 9 \]*Before deciding whether or not to make an order in respect of an industrial dispute relating to termination of employment, a Commissioner is to give effect to the provisions of [section 30](#GS30@EN) . > > > (1B)  [*\[Section 31 Subsection (1B) inserted by No. 18 of 1997, s. 16, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS16@Hpd@EN) [*\[Section 31 Subsection (1B) substituted by No. 104 of 2000, s. 17, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS17@Hpb@EN) If a Commissioner, in hearing an industrial dispute relating to termination of employment, finds that an employee or a former employee has been unfairly dismissed, the Commissioner may – > > > > > > (a) if he or she believes it to be appropriate, order reinstatement or re-employment of the employee or former employee; or > > > > > > > (b) if in the Commissioner's opinion reinstatement or re-employment is impracticable, order that the employer pay the employee or former employee an amount of compensation, instead of reinstatement or re-employment, that the Commissioner considers appropriate in the circumstances, subject to [section 30(12)](#GS30@Gs12@EN) . > > > (1C)  [*\[Section 31 Subsection (1C) inserted by No. 18 of 1997, s. 16, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS16@Hpd@EN) A Commissioner, in hearing an industrial dispute relating to termination of employment resulting from redundancy, may make an order in respect of severance pay for an employee or former employee whose employment is to be, or has been, terminated. > > > (2)  A Commissioner shall not make an order under this section – > > > > > > (a) that is inconsistent with the provisions of any Act dealing with the same subject-matter; or > > > > > > > (b) that makes an award or that varies or creates a provision of an award. > > > (3)  Notwithstanding [subsection (2)](#GS31@Gs2@EN) [(b)](#GS31@Gs2@Hpb@EN) , a Commissioner may make an order requiring that an application be made under [section 23](#GS23@EN) or [43](#GS43@EN) . > > > (4)  An order under this section does not have effect so as to require any person to contravene, or fail to comply with, an award or to commit an offence, or to do an act which, if the order had not been made, would render that person liable to any legal proceedings. > > > (4A)  *\[Section 31 Subsection (4A) inserted by No. 59 of 1992, s. 22 \]*The Registrar must cause a copy of an order made by the Commission to be served on – > > > > > > (a) any person to whom the order applies; and > > > > > > > (b) any party to the hearing of the industrial dispute. > > > (5)  *\[Section 31 Subsection (5) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*A person shall not contravene, or fail to comply with, a direction contained in an order under this section. > > > > Penalty:  Fine not exceeding 50 penalty units. > > > (6)  A person is not guilty of an offence under [subsection (5)](#GS31@Gs5@EN) in respect of a direction made under this section unless a notice containing a copy of that direction has been served on him. > > > (7)  An order under this section shall be deemed to have been served on the person to whom it applies if – > > > > > > (a) [*\[Section 31 Subsection (7) amended by No. 18 of 1997, s. 16, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS16@Hpe@EN) where that person is a member of an organization – the order has been served on those office bearers of the organization who attended the relevant hearing; or > > > > > > > (b) where that person is not a member of an organization – a copy of the order has been published in a newspaper circulating in the locality in which that person is employed.