2019-02-12 Attachment 1 to Item 5 - New Delegations

DESCRIPTION OF POWER DELEGATED                                                         LEGISLATION
Power, as a party to an agreement or determination that does not provide for           Section
the way it may be terminated, to agree to the agreement or determination being         228(3)(b)(i)
terminated.
Power, as a negotiating party for a proposed bargaining instrument, to take            Section 232
protected industrial action for the proposed instrument subject to the
requirements of Chapter 4, Part 8.
Power, as the employer intending to take the industrial action, to give notice of      Section 236
the intention to all of the negotiating parties for the proposed bargaining
instrument, either in writing or by taking other reasonable steps to notify
employees of the intended action.
Power, as the employer taking industrial action that is the lockout of an              Section 237(3)
employee, to refuse to pay the employee for the period of the lockout.
Power, as a negotiating party for a proposed bargaining instrument, to apply to        Section 240(1)
the commission for an order to suspend or terminate protected industrial action
for the proposed bargaining instrument being engaged in, or threatened to be
engaged in
Power, as a negotiating party for a proposed bargaining instrument, to apply to        Section 241(1)
the commission for an order to suspend or terminate protected industrial action
for the proposed bargaining instrument being engaged in, where the industrial
action has threatened, is threatening or would threaten;-
(a) to endanger the life, personal safety or health, or welfare of the State’s
population or part of it; or
(b) to cause significant damage to the State’s economy or an important part of
it.
Power, as the employer, to apply to the registrar for a certificate stating that the   Section 242(2)
employer need not negotiate with an employee organisation under chapter 4
because of a circumstance in section 171(5).
Power, as a party to a certified agreement or a bargaining award, to sign the          Section 250(3)
affidavit prepared pursuant to subsection (2) on behalf of Council.
Power, as a relevant party subject to a direction of the commission, to comply         Section 251(4)
with the direction on behalf of Council, including signing any affidavit required
under subsection (3).
Power, as a party to an industrial dispute, in the circumstances referred to in        Section 261(1)
subsection (1), to give the registrar written notice of the dispute.
Power, as a party directly involved in an industrial cause, to request the             Section 263(a)
registrar act as mediator in the cause.
Power, as a person served with an attendance notice, to attend the compulsory          Section 264(1)
conference and agree to measures which attempt to prevent or settle the
dispute.
Power, as a person the subject of an order, to prepare, file and sign an affidavit     Section 265(3)
under subsection (3)(c).
Power, as a person served with a show cause notice, to show cause to the full          Section 265(7)
bench at the stated time why Council should not be dealt with under section
266.
Power, as the employer, to pay or refuse to pay, an employee for a period when         Section 268(1)
the employee engages in a strike.
Power, as an employer against whom the strike was organised, engaged in or             Section 269(2)
threated, to make an application to the commission for an order for a
contravention of section 268.
Power, as a person who has been affected by a contravention of Chapter 8,              Section 309(1)
Part 1, to apply to the commission for the commission to deal with the dispute.
Power, as an applicant or an employer, to attend a conciliation conference at a        Section 312(2)
stated time and place and attempt to settle the matter on behalf of Council.

                                                                                           Page 5 of 9