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Industrial Relations Act 2016
sec.455Commission may refuse to proceed
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### sec.455 Commission may refuse to proceed
This section applies if—
proceedings before the commission relate to an industrial instrument; or
an industrial instrument is sought in proceedings before the commission.
The commission may refuse to hear and decide the proceedings if any of the employees who are, or would be, bound by the instrument are—
involved in an industrial dispute; or
contravening this Act or a decision.
Subsection (2) applies whether or not the employees are employees whose employment may be affected by the decision to refuse to hear and decide the proceedings.
(sec.455-ssec.1) This section applies if— proceedings before the commission relate to an industrial instrument; or an industrial instrument is sought in proceedings before the commission.
(sec.455-ssec.2) The commission may refuse to hear and decide the proceedings if any of the employees who are, or would be, bound by the instrument are— involved in an industrial dispute; or contravening this Act or a decision.
(sec.455-ssec.3) Subsection (2) applies whether or not the employees are employees whose employment may be affected by the decision to refuse to hear and decide the proceedings.
- (a) proceedings before the commission relate to an industrial instrument; or
- (b) an industrial instrument is sought in proceedings before the commission.
- (a) involved in an industrial dispute; or
- (b) contravening this Act or a decision.