Part 9 Co-operation between State and Federal tribunals

202   Definitions

In this Part:

Federal Act means the Fair Work Act 2009 of the Commonwealth.

Federal Commission means Fair Work Australia under the Federal Act.

Federal President means the President of the Federal Commission.

State Commission means the Industrial Relations Commission established by this Act.

State President means the President of the State Commission.

203   Referral of matter by Federal President to State Commission

(1)  If the Federal President duly requests the State Commission to deal under the Federal Act with a matter with which the Federal Commission is empowered to deal, the matter may be allocated by the State President to a member of the State Commission.

(2)  The member of the State Commission must cease dealing with the matter if the request is duly revoked before the matter is determined.

(3)  The member of the State Commission has the functions conferred by the Federal Act for the purpose of dealing with the matter.

(4)  The determination of the matter is, for the purposes of this Act, taken not to have been made by a member of the State Commission under this Act.

204   Referral of matter by State President to Federal Commission

(1)  The State President may request the Federal Commission to deal under this Act with a matter with which the State Commission is empowered to deal.

(2)  The State President may revoke that request at any time before the Federal Commission determines the matter.

(3)  The member of the Federal Commission to whom the matter is allocated has, for the purpose of dealing with the matter, the functions of the State Commission under this Act (other than a Full Bench of the Commission or the Commission in Court Session).

(4)  The determination of the matter is, for the purposes of this Act, taken to have been made by a member of the State Commission under this Act.

(5)  This section does not apply to a matter that may only be dealt with by the State Commission in Court Session.

205   Joint proceedings

(1)  A member of the State Commission may exercise, in the presence of:

(a)  a member of the Federal Commission, and

(b)  the parties to any proceedings before the Federal Commission, and

(c)  any witness summoned by the Federal Commission,

      any of the functions that are exercisable by the member of the State Commission in relation to a matter.

(2)  Evidence may be given, and submissions made, jointly for the purposes of the proceedings before the State Commission and the Federal Commission.

206   Dual Federal and State appointments of members

(1)  A member of the State Commission may hold office as a member of the Federal Commission.

(2)  A member of the Federal Commission may, if otherwise eligible, be appointed as a member of the State Commission unless the law of the Commonwealth otherwise provides.

(3)  A person who is a member of the State Commission and also a member of the Federal Commission may, in accordance with any agreement made between the State President and the head of the Federal Commission:

(a)  exercise functions as a member of the Federal Commission, and

(b)  in relation to a particular matter, exercise functions that the person has in relation to the matter both as a member of the State Commission and as a member of the Federal Commission.

(4)  The appointment, as a member of the State Commission, of a person who is a member of the Federal Commission may be for a fixed term and such a member holds office until:

(a)  the expiration of the term, or

(b)  he or she ceases to be a member of the Federal Commission, or

(c)  he or she resigns, or is removed, from office as a member of the State Commission,

      whichever first occurs.

(5)  A member of the Federal Commission who is appointed as a member of the State Commission is not to be remunerated as a member of the State Commission, but may be paid such allowances as the Minister considers to be reasonable for expenses incurred in discharging the duties of a member of the State Commission.

(6)  In this section:

Federal Commission includes any industrial tribunal (in addition to the Federal Commission) constituted by a law of the Commonwealth that is prescribed by the regulations for the purposes of this section.

member of the State Commission includes a judicial member of the State Commission.

Note. Members of the State Commission may also hold dual appointments as members of other State tribunals, for example, as members of the Equal Opportunity Tribunal (section 69E of the Anti-Discrimination Act 1977).