sec.48Right to apply to industrial commission

### sec.48 Right to apply to industrial commission An application for an injunction about a reprisal may be made to the industrial commission if the reprisal— has caused or may cause detriment to an employee; and involves or may involve a breach of the Industrial Relations Act 2016 or an industrial instrument under that Act. The application may be made by— the employee; or an industrial organisation— whose rules entitle it to represent the industrial interests of the employee; and acting in the employee’s interests with the employee’s consent; or the Crime and Corruption Commission acting in the employee’s interests with the employee’s consent if— the employee is a public officer; and the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate. The Industrial Relations Act 2016 , section 473 applies to the application, but this part prevails if it is inconsistent with that section. If the industrial commission has jurisdiction to grant an injunction on an application under subsection (1) , the jurisdiction is exclusive of the jurisdiction of any other court or tribunal other than the Industrial Court. Without limiting this section, the application is an industrial cause within the meaning of the Industrial Relations Act 2016 . s 48 amd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 63 s 1157 sch 6 (sec.48-ssec.1) An application for an injunction about a reprisal may be made to the industrial commission if the reprisal— has caused or may cause detriment to an employee; and involves or may involve a breach of the Industrial Relations Act 2016 or an industrial instrument under that Act. (sec.48-ssec.2) The application may be made by— the employee; or an industrial organisation— whose rules entitle it to represent the industrial interests of the employee; and acting in the employee’s interests with the employee’s consent; or the Crime and Corruption Commission acting in the employee’s interests with the employee’s consent if— the employee is a public officer; and the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate. (sec.48-ssec.3) The Industrial Relations Act 2016 , section 473 applies to the application, but this part prevails if it is inconsistent with that section. (sec.48-ssec.4) If the industrial commission has jurisdiction to grant an injunction on an application under subsection (1) , the jurisdiction is exclusive of the jurisdiction of any other court or tribunal other than the Industrial Court. (sec.48-ssec.5) Without limiting this section, the application is an industrial cause within the meaning of the Industrial Relations Act 2016 . - (a) has caused or may cause detriment to an employee; and - (b) involves or may involve a breach of the Industrial Relations Act 2016 or an industrial instrument under that Act. - (a) the employee; or - (b) an industrial organisation— (i) whose rules entitle it to represent the industrial interests of the employee; and (ii) acting in the employee’s interests with the employee’s consent; or - (i) whose rules entitle it to represent the industrial interests of the employee; and - (ii) acting in the employee’s interests with the employee’s consent; or - (c) the Crime and Corruption Commission acting in the employee’s interests with the employee’s consent if— (i) the employee is a public officer; and (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate. - (i) the employee is a public officer; and - (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate. - (i) whose rules entitle it to represent the industrial interests of the employee; and - (ii) acting in the employee’s interests with the employee’s consent; or - (i) the employee is a public officer; and - (ii) the reprisal involves or may involve an act or omission that the Crime and Corruption Commission may investigate.