35Certain matters to be dealt with by Full Bench of Commission

35 Certain matters to be dealt with by Full Bench of Commission

(1)  *[Section 35 Subsection (1) substituted by No. 59 of 1992, s. 26 ]*The powers of the Commission to make an award or to approve an industrial agreement is exercisable only by a Full Bench in respect of the following matters:

(a) making provision for, or altering, the ordinary hours of work;

(b) making provision for, or altering, a minimum wage that is to be payable to adults without regard to the work performed;

(c) making provision for, or altering a provision for –

(i) the amount of annual leave; and

(ii) the payment of wages or allowances during annual leave;

(d) making provision for, or altering, rates of wages generally or the manner in which rates of wages generally are to be ascertained;

(e) modifying or affecting not less than 5 awards;

(f) dealing with any other matter referred by the President under section 15 (1) (c) .

(2)  Subsection (1) does not apply where a provision of, or an alteration in, an award or industrial agreement gives effect to matters, or is in accordance with principles, determined by a Full Bench.

(3)  *[Section 35 Subsection (3) amended by No. 59 of 1992, s. 26 ]*An award of a Full Bench in respect of a matter to which subsection (1) (a) or (c) relates may be applied to only one industry or only some State employees.

(4)  An award of a Full Bench in respect of a matter to which subsection (1) (b) relates may be applied to all awards containing a provision for a minimum wage or to such other awards as are specified by the Full Bench.

(5)  An award of a Full Bench in respect of a matter to which subsection (1) (d) or (e) relates shall be applied to such awards as are specified by the Full Bench.