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

DESCRIPTION OF POWER DELEGATED                                                        LEGISLATION
Power, as the employer, to produce the account for inspection to an employee          Section 359(5)
in the circumstances set out in subsection (a) to (c) and allow the employee to
make a copy of the account.
Power, as a prime contractor served with an attachment notice, to keep from           Section 361(2)
the amounts payable, or to become payable, by the prime contractor to the
employer for the contracted work, an amount sufficient to satisfy:-
(a) the claim for wages stated in the notice; and
(b) all further claims for wages stated in notices of attachment served on the
prime contractor within 7 days after the service of the first notice.
Power, as a prime contractor served with an attachment notice, to pay the             Section 361(4)
amount to which the notice relates to a clerk of the Magistrates Court.
Power, as a prime contractor, to pay the amount stated in the relevant order to       Section 362(4)
the employee from the amounts attached and kept in the hands of the prime
contractor.
Power, as a prime contractor, to ask the employee to sign a discharge for the         Section 366
amount paid for a claim for wages to which an order under section 362 relates
Power, as the employer, where an employee’s consent authorising a deduction           Section 371(5)
to be made from wages is not written, to, before making the deduction, give the
employee written acknowledgement of the consent.
Power, as the employer, to pay each employee’s wages at least monthly to the          Section 373(1)
employee.
Power, as the employer, where the circumstances in subsection (1) apply, to           Section 375(2)
immediately at the end of the 30 days, pay the wages payable to the former
employee to the nearest clerk of the Magistrates Court.
Power, as the employer, to recover an amount to which the employee is not             Section 376(2)
entitled by deducting amounts from the employee’s wages for a subsequent pay
period or periods.
Power, as the employer, where an employee ceases employment without giving            Section 377
the employer the notice required by an industrial instrument, to deduct from the
employee’s wages an amount stated by an industrial instrument.
Power, as the employer, to contribute, for eligible employees, to the approved        Section 394(1)
superannuation fund at the level required by the relevant industrial instrument.
Power, as a person who may be directly affected by the declaration, to apply to       Section 463(1)
the commission for a declaration about an industrial matter.
Power, as an employer, to apply to the commission for an interpretation of an         Section 467(1)
industrial instrument, other than a certified agreement or bargaining award.          and 468(1)
Power, as a person bound by the agreement, to apply to the commission for an          Section 467(1)
interpretation of a certified agreement or bargaining award.                          and 468(2)
Power, as a party to an industrial cause, to agree in writing to the parties          Section 469(1)
requesting the commission to assist the parties in negotiating or resolving a         and (2)
matter relevant to the industrial cause, whether or not the matter is within the
jurisdiction of the commission and to agree that the request being amended.
Power, as a party to an industrial cause, to agree, in writing, for the decision of   Section 469(4)
the commission to bind the parties.
Power, as a party to a dispute, to make a referral agreement with the other           Section 470
parties to the dispute.                                                               (1)(b)
Power, as a party to a dispute, in the circumstances set out in subsection (1), to    Section 470(2)
apply to the commission for the commission to perform its dispute resolution
functions.
Power, as a party to a contract, in the circumstances set out in subsection (1),      Section 471(1)
to apply to the commission for the commission to amend or declare void (wholly
or partly) the contract.


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