4ADefinition of State industrial authority (Act, s 4 (1))

4A Definition of State industrial authority (Act, s 4 (1)) For paragraph (c) of the definition of State industrial authority in subsection 4 (1) of the Act, the Tribunal established by subsection 40D (1) of the Workplace Agreements Act 1993 of Western Australia is prescribed. Part II Membership of Commission 5 Prescribed State industrial authorities — section 13 and subsections 16 (2) and 175 (1), (2) and (5) of the Act For the purposes of section 13 and subsections 16 (2) and 175 (1), (2) and (5) of the Act, each of the following State industrial authorities is prescribed: (a) the Industrial Relations Commission of New South Wales; (b) the Queensland Industrial Relations Commission; (c) the Western Australian Industrial Relations Commission; (d) the Industrial Relations Commission of South Australia; (e) the Tasmanian Industrial Commission. 6 Prescribed tribunals — subsections 15 (1), 15 (2) and 21 (5) of the Act For the purposes of subsections 15 (1), 15 (2) and 21 (5) of the Act: (a) each of the following tribunals is a prescribed Commonwealth tribunal: (i) Defence Force Remuneration Tribunal; (ii) Pharmaceutical Benefits Remuneration Tribunal; (iii) Administrative Appeals Tribunal; (iv) Security Appeals Tribunal; (v) National Native Title Tribunal; and (b) each of the following tribunals is a prescribed Territory tribunal: (i) the Industrial Appeals Tribunal established by the Industrial Relations Ordinance 1976 of the Territory of Christmas Island; (ii) the Prison Officers Arbitral Tribunal established by the Prisons (Arbitral Tribunal) Act of the Northern Territory; (iii) the Police Arbitral Tribunal established by the Police Administration Act of the Northern Territory. Part III Representation before Commission and Court 7 Representation of employing authorities before the Commission or Court For the purposes of subsections 42 (5) and 469 (4) of the Act, each of the following persons is a prescribed person in relation to an employing authority: (a) where the employing authority in relation to a class of persons specified in column 2 of item 1 in Schedule 2 is the Minister administering the enactment by or under which the Commonwealth authority employing persons in that class was established — a person who is an officer or employee of that Commonwealth authority; (b) where the employing authority in relation to a class of persons specified in column 2 of item 1 in Schedule 2 is the principal executive officer of the Commonwealth authority employing persons in that class — a person who is: (i) an officer or employee of that Commonwealth authority; or (ii) an APS employee or Parliamentary Service employee; (c) where the employing authority in relation to a class of persons specified in column 2 of item 1 in Schedule 2 is the Workplace Relations Minister — an APS employee or Parliamentary Service employee; (d) where the employing authority in relation to a class of persons specified in column 2 of item 2 in Schedule 2 is the principal executive officer of the Commonwealth authority employing persons in that class — a person who is an officer or employee of that Commonwealth authority; (e) where the employing authority in relation to a class of persons specified in column 2 of item 2 in Schedule 2 is the principal executive officer of the Commonwealth authority employing persons in that class and that Commonwealth authority consents to being represented by an APS employee or Parliamentary Service employee — a person who is an officer of the Australian Public Service; (f) where the employing authority in relation to a class of persons specified in column 2 of item 2 in Schedule 2 is the Minister administering the enactment by or under which the Commonwealth authority employing persons in that class was established — an officer or employee of that Commonwealth authority; (g) where: (i) the employing authority in relation to a class of persons is a Minister of the Northern Territory and the persons included in that class are employed by a Northern Territory authority; (ii) the employing authority is a Northern Territory authority (being a body corporate of the kind referred to in paragraph (a) of the definition of Northern Territory authority in subsection 4 (1) of the Act); or (iii) the employing authority is the principal executive officer of a Northern Territory authority (being a body corporate of the kind referred to in paragraph (b) of the definition of Northern Territory authority in subsection 4 (1) of the Act); a person who is: (iv) an officer or employee of the Northern Territory authority; or (v) an officer or employee of the Public Service Commissioner for the Northern Territory; (h) where: (i) the employing authority in relation to a class of persons is a Minister of the Northern Territory and the persons included in that class are employed by the Northern Territory; or (ii) the employing authority is the Public Service Commissioner for the Northern Territory; a person who is an officer or employee of the Public Service Commissioner for the Northern Territory; (ha) where the employing authority in relation to a class of persons specified in column 2 of item 14 in the Schedule is: (i) the Minister administering the Australian Federal Police Act 1979; or (ii) the Commissioner within the meaning of that Act; a person who is: (iii) an officer appointed under section 25, 26 or 26B of that Act; or (iv) an APS employee or Parliamentary Service employee; (i) if the employing authority for staff employed under the Legislative Assembly (Members’ Staff) Act 1989 of the Australian Capital Territory is the Chief Minister for that Territory — an officer or employee within the meaning of the Public Sector Management Act 1994 of the Territory (the ACTPS Act); (j) if the employing authority for officers and employees within the meaning of the ACTPS Act (ACTPS staff) of a government agency, or an autonomous instrumentality, within the meaning of that Act, is: (i) the Chief Minister for the Australian Capital Territory; or (ii) the Minister within the meaning of the Australian Capital Territory (Self-Government) Act 1988 (the Self-Government Act) who administers the government agency or the Act under which the autonomous instrumentality is established; or (iii) the Minister, within the meaning of that Act, who is responsible for exercising the power of the Australian Capital Territory Executive in relation to industrial relations (the ACT industrial relations Minister); an officer or employee within the meaning of the ACTPS Act; (k) if the employing authority for staff of a body corporate (except a Territory instrumentality within the meaning of the ACTPS Act) that is incorporated under a law of the Australian Capital Territory (an ACT law) and in which the Territory has a controlling interest, is the principal executive officer (however described) of the body corporate or the ACT industrial relations Minister: (i) a member of the staff of the body corporate; or (l) if the employing authority for ACTPS staff is the Chief Executive Officer of Calvary Hospital A.C.T. Incorporated, the Minister (within the meaning of the Self-Government Act) who is responsible for exercising the power of the Australian Capital Territory Executive in relation to public health or the ACT industrial relations Minister: (i) a member of the staff of Calvary Hospital A.C.T. Incorporated; or (m) if the employing authority for staff of a body corporate, or an authority, that is established by or under an ACT law and to which paragraph (i), (j), (k) or (l) does not apply, is the principal executive officer (however described) of the body or authority, the Minister administering the ACT law or the ACT industrial relations Minister: (i) a member of the staff of the body corporate or authority; or (n) in the case of any other employing authority — an APS employee or Parliamentary Service employee. 8 Representation of certain persons by unregistered associations (1) Where a party to a proceeding before the Commission is an employer who is a member of an association of employers, being an association that is not registered under the Act, the party may be represented by an officer or employee of that association. (2) Where a party to a proceeding before the Commission is an employee who is a member of the Australian International Flight Engineers’ Association, being an association that is not registered under the Act, the party may be represented by an officer or employee of that Association. Part IIIA The Employment Advocate Division 1 Authorised officers 8AA Provision of free legal representation for proceedings relating to the application or operation of Part VID or XA of the Act For paragraph 83BB (1) (j) of the Act, the Employment Advocate may provide free legal representation to a party in relation to proceedings if the Employment Advocate is of the opinion that: (a) the proceedings relate, or are likely to relate, to the application or operation of Part VID or XA of the Act; and (b) it is appropriate to give assistance.