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](#GS15@EN) [(1)](#GS15@Gs1@EN) [(c)](#GS15@Gs1@Hpc@EN) . > > > (2)  [Subsection (1)](#GS35@Gs1@EN) 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)](#GS35@Gs1@EN) [(a)](#GS35@Gs1@Hpa@EN) or [(c)](#GS35@Gs1@Hpc@EN) 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)](#GS35@Gs1@EN) [(b)](#GS35@Gs1@Hpb@EN) 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)](#GS35@Gs1@EN) [(d)](#GS35@Gs1@Hpd@EN) or [(e)](#GS35@Gs1@Hpe@EN) relates shall be applied to such awards as are specified by the Full Bench. > > > (6)  For the purpose of determining whether a matter mentioned in [subsection (1)](#GS35@Gs1@EN) [(f)](#GS35@Gs1@Hpf@EN) should be referred by him to a Full Bench, the President may conduct a preliminary hearing to ascertain the views of organizations having an interest in the matter. > > > (7)  Subject to this section, where a Full Bench is satisfied that, having regard to a decision of the Australian Commission that is applicable to the wages payable generally to employees who are subject to awards of the Australian Commission in Tasmania, a variation should be made to the wages payable generally to employees under awards of the Commission, the Full Bench may order that any such variation be made. > > > (8)  An order under [subsection (7)](#GS35@Gs7@EN) by a Full Bench may be subject to such conditions as the Full Bench considers appropriate and as are specified in the order. > > > (9)  *\[Section 35 Subsection (9) amended by SR 1987, No. 244 \]**\[Section 35 Subsection (9) amended by SR 1993, No. 260 \]**\[Section 35 Subsection (9) amended by No. 59 of 1992, s. 26 \]*Subject to [subsection (10)](#GS35@Gs10@EN) , a Full Bench may make an order under [subsection (7)](#GS35@Gs7@EN) only – > > > > > > (a) on the application of the Tasmanian Chamber of Commerce and Industry Ltd., the Tasmanian Trades and Labor Council, an organization that has an interest in 5 or more awards, or the Minister; and > > > > > > > (b) after it has given the Minister, the organizations referred to in [paragraph (a)](#GS35@Gs9@Hpa@EN) , and any other organization that, in the opinion of the Full Bench, has a sufficient interest in the matter, an opportunity to be heard in relation to the matter. > > > (10)  An application under [paragraph (a)](#GS35@Gs9@Hpa@EN) of [subsection (9)](#GS35@Gs9@EN) made by an organization lastly referred to in that paragraph shall not be heard unless the President, having regard to the subject-matter of the application, considers that the hearing of that application would not prejudice the orderly conduct of industrial relations in Tasmania. > > > (10A)  [*\[Section 35 Subsection (10A) inserted by No. 74 of 2005, s. 7, Applied:15 Feb 2006\]*](/view/html/inforce/2006-02-15/act-2005-074#GS7@EN) A Full Bench of the Commission must convene and conduct a hearing annually to determine the Tasmanian minimum wage specified in [section 47AB](#GS47AB@EN) .