sec.194Tribunal may deal with complaint as representative complaint

### sec.194 Tribunal may deal with complaint as representative complaint The tribunal may deal with a complaint referred to it as a representative complaint if— before the referral, the complaint was being dealt with by the commissioner as a representative complaint; or the tribunal decides to deal with the complaint as a representative complaint. The tribunal may decide to deal with a complaint made by or on behalf of a class of persons as a representative complaint if the tribunal is satisfied— all members of the class may make a complaint under section 134 (1) (a) about the alleged contravention to which the complaint relates; and all of the complaints the members of the class may make under section 134 (1) (a) about the alleged contravention to which the complaint relates— relate to, or arise out of, conduct of the same person; and relate to, or arise out of, the same, similar or related circumstances; and give rise to a substantial common issue of law or fact; and either— the complainant is a member of the class; or the alleged contravention to which the complaint relates is a work-related matter, the complainant is a registered employee organisation and all members of the class are members of the organisation. s 194 sub 2024 No. 47 s 47 (sec.194-ssec.1) The tribunal may deal with a complaint referred to it as a representative complaint if— before the referral, the complaint was being dealt with by the commissioner as a representative complaint; or the tribunal decides to deal with the complaint as a representative complaint. (sec.194-ssec.2) The tribunal may decide to deal with a complaint made by or on behalf of a class of persons as a representative complaint if the tribunal is satisfied— all members of the class may make a complaint under section 134 (1) (a) about the alleged contravention to which the complaint relates; and all of the complaints the members of the class may make under section 134 (1) (a) about the alleged contravention to which the complaint relates— relate to, or arise out of, conduct of the same person; and relate to, or arise out of, the same, similar or related circumstances; and give rise to a substantial common issue of law or fact; and either— the complainant is a member of the class; or the alleged contravention to which the complaint relates is a work-related matter, the complainant is a registered employee organisation and all members of the class are members of the organisation. - (a) before the referral, the complaint was being dealt with by the commissioner as a representative complaint; or - (b) the tribunal decides to deal with the complaint as a representative complaint. - (a) all members of the class may make a complaint under section 134 (1) (a) about the alleged contravention to which the complaint relates; and - (b) all of the complaints the members of the class may make under section 134 (1) (a) about the alleged contravention to which the complaint relates— (i) relate to, or arise out of, conduct of the same person; and (ii) relate to, or arise out of, the same, similar or related circumstances; and (iii) give rise to a substantial common issue of law or fact; and - (i) relate to, or arise out of, conduct of the same person; and - (ii) relate to, or arise out of, the same, similar or related circumstances; and - (iii) give rise to a substantial common issue of law or fact; and - (c) either— (i) the complainant is a member of the class; or (ii) the alleged contravention to which the complaint relates is a work-related matter, the complainant is a registered employee organisation and all members of the class are members of the organisation. - (i) the complainant is a member of the class; or - (ii) the alleged contravention to which the complaint relates is a work-related matter, the complainant is a registered employee organisation and all members of the class are members of the organisation. - (i) relate to, or arise out of, conduct of the same person; and - (ii) relate to, or arise out of, the same, similar or related circumstances; and - (iii) give rise to a substantial common issue of law or fact; and - (i) the complainant is a member of the class; or - (ii) the alleged contravention to which the complaint relates is a work-related matter, the complainant is a registered employee organisation and all members of the class are members of the organisation.