61IHearing

### 61I Hearing > *\[Section 61I Inserted by No. 59 of 1992, s. 40 \]* > > > (1)  [*\[Section 61I Subsection (1) amended by No. 104 of 2000, s. 19, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS19@EN) The Registrar is to refer an agreement lodged under [section 61H](#GS61H@EN) to the President who is to refer the agreement to a Commissioner who must– > > > > > > (a) set a hearing date and notify the Minister and the parties to the agreement accordingly; and > > > > > > > (b) [*\[Section 61I Subsection (1) amended by No. 18 of 1997, s. 30, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS30@Hpa@EN) forward a copy of the agreement to the Minister and the parties to the agreement. > > > (2)  [*\[Section 61I Subsection (2) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS2@JT@tr@oc1@EN) *\[Section 61I Subsection (2) substituted by No. 90 of 1994, s. 17 \]*At the hearing, the Commissioner must satisfy himself or herself that the parties to the agreement are aware of– > > > > > > (a) their entitlements and obligations under the agreement and this Part; and > > > > > > > (b) any changes to existing conditions of employment which will result from the agreement taking effect. > > > (2A)  [*\[Section 61I Subsection (2A) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS2@JT@tr@oc2@EN) *\[Section 61I Subsection (2A) inserted by No. 90 of 1994, s. 17 \]*At the hearing, the Commissioner must be satisfied that any secret ballot required to be conducted in relation to the agreement has been conducted in accordance with [section 61ZD](#GS61ZD@EN) [(1)](#GS61ZD@Gs1@EN) . > > > (2B)  [*\[Section 61I Subsection (2B) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS2@JT@tr@oc3@EN) [*\[Section 61I Subsection (2B) inserted by No. 18 of 1997, s. 30, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS30@Hpb@EN) For the purpose of [subsection (2)](#GS61I@Gs2@EN) , the Commissioner must be satisfied that the parties to the agreement were provided with a written statement at least 2 weeks before the ballot to approve the agreement that specifies – > > > > > > (a) any changes to their entitlements and obligations resulting from the agreement taking effect; and > > > > > > > (b) the nature of any changes to existing conditions of employment. > > > (3)  [*\[Section 61I Subsection (3) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS2@JT@tr@oc4@EN) The Commissioner may summon any person to attend a hearing. > > > (4)  A person who is summoned to attend a hearing must not, without reasonable excuse, fail or refuse to attend the hearing as required by the summons. > > > > Penalty:  Fine not exceeding 10 penalty units. > > > (5)  [*\[Section 61I Subsection (5) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS2@JT@tr@oc5@EN) A hearing is to be conducted in such manner as the Commissioner may determine. > > > (6)  [*\[Section 61I Subsection (6) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS2@JT@tr@oc6@EN) A party to the enterprise agreement may appear before the Commissioner in person or by an agent. > > > (7)  [*\[Section 61I Subsection (7) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS2@JT@tr@oc7@EN) *\[Section 61I Subsection (7) inserted by No. 90 of 1994, s. 17 \]*At the hearing, the Commissioner may– > > > > > > (a) with the consent of the parties, correct or amend any error, defect or irregularity relating to the agreement; and > > > > > > > (b) with the consent of a person, add or delete the person as a party to the agreement; and > > > > > > > (c) give any direction or do any thing necessary or convenient for the just and expeditious determination of the hearing; and > > > > > > > (d) inform himself or herself on any matter in any way he or she thinks fit. > > > (8)  [*\[Section 61I Subsection (8) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS2@JT@tr@oc8@EN) [*\[Section 61I Subsection (8) inserted by No. 18 of 1997, s. 30, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS30@Hpc@EN) The Commissioner is not bound by the rules of evidence in informing himself or herself on any matter at a hearing.