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Industrial Relations Act 2016
sch.4-sec.8When chief executive taken to be party to industrial dispute
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### sch.4-sec.8 When chief executive taken to be party to industrial dispute
This section applies if section 261 (1) applies in relation to a dispute involving a prescribed Service as an employer.
For the application of this section, it does not matter whether the dispute was started by the prescribed Service.
The prescribed Service must give the chief executive written notice of the dispute—
at the same time as the registrar is first given notice of the dispute under section 261 (2) or when the prescribed Service first becomes aware the registrar has been given notice under that section; and
in a way mentioned in section 261 (3) .
The chief executive is taken to be a party for proceedings for the dispute instead of the prescribed Service unless the chief executive, or an authorised delegate of the chief executive, gives the prescribed Service written notice that the prescribed Service is to be a party to the dispute.
In deciding whether to give a written notice under subsection (3) , the chief executive is to have regard to whether the subject of the dispute may affect the terms and conditions of employment of health service employees in more than 1 health system employer.
If the prescribed Service is to be a party to the dispute, the prescribed Service must give the commission a copy of the written notice given by the chief executive or authorised delegate under subsection (3) as soon as practicable after receiving the notice.
(sch.4-sec.8-ssec.1) This section applies if section 261 (1) applies in relation to a dispute involving a prescribed Service as an employer. For the application of this section, it does not matter whether the dispute was started by the prescribed Service.
(sch.4-sec.8-ssec.2) The prescribed Service must give the chief executive written notice of the dispute— at the same time as the registrar is first given notice of the dispute under section 261 (2) or when the prescribed Service first becomes aware the registrar has been given notice under that section; and in a way mentioned in section 261 (3) .
(sch.4-sec.8-ssec.3) The chief executive is taken to be a party for proceedings for the dispute instead of the prescribed Service unless the chief executive, or an authorised delegate of the chief executive, gives the prescribed Service written notice that the prescribed Service is to be a party to the dispute.
(sch.4-sec.8-ssec.4) In deciding whether to give a written notice under subsection (3) , the chief executive is to have regard to whether the subject of the dispute may affect the terms and conditions of employment of health service employees in more than 1 health system employer.
(sch.4-sec.8-ssec.5) If the prescribed Service is to be a party to the dispute, the prescribed Service must give the commission a copy of the written notice given by the chief executive or authorised delegate under subsection (3) as soon as practicable after receiving the notice.
- (a) at the same time as the registrar is first given notice of the dispute under section 261 (2) or when the prescribed Service first becomes aware the registrar has been given notice under that section; and
- (b) in a way mentioned in section 261 (3) .