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Industrial Relations Act 1988

In force

Administered by

Attorney-General's Department
Department of Employment and Workplace Relations

Superseded version

View latest version

View as made version

C2004C04800

01 January 1997 - 16 January 1997

Table of contents

Part I—Preliminary
- 1 Short title
- 2 Commencement
- 3 Principal object of this Act
- 4 Interpretation
- 5 Additional operation of Act
- 5AA Additional operation of Act—certified agreements
- 5A Special provision for industrial disputes in the Australia-Indonesia Zone of Cooperation
- 6 Application to Crown
- 7 Extension to Christmas Island
- 7A Act not to apply so as to exceed Commonwealth power
Part II—Australian Industrial Relations Commission
- Division 1—Establishment of Commission
- Division 2—Organisation of Commission
- Division 3—Representation and intervention
- Division 4—Appeals to Full Bench and references to Court
  - 45 Appeals to Full Bench
  - 46 References to Court by Commission on question of law
- Division 5—Miscellaneous
Part IV—Australian Industrial Registry
- Division 1A—Interpretation
  - 61A Definition of State industrial body
- Division 1—Establishment and functions of Australian Industrial Registry
- Division 2—Registrars
- Division 3—References and appeals
- Division 4—Staff
  - 83 Staff
Part IVA—The Employment Advocate
- Division 1—Functions, powers etc. of the Employment Advocate
- Division 2—Authorised officers
  - 83BG Appointment of authorised officers
  - 83BH Powers of authorised officers
- Division 3—Appointment, conditions of appointment etc. of Employment Advocate
- Division 4—Miscellaneous
  - 83BS Identity of AWA parties not to be disclosed
  - 83BT Publication of AWAs etc. by Employment Advocate
Part V—Inspectors
- 84 Inspectors
- 85 Identity cards
- 86 Powers of inspectors
- 87 Inspector to investigate matters affecting safety of employees
- 88 Annual report
Part VI—Dispute Prevention and Settlement
- Division 1A—Objects of Part
  - 88A Objects of Part
- Division 1—Functions of Commission generally
- Division 2—Powers and procedures of Commission for dealing with industrial disputes
- Division 3—Particular powers of Commission
- Division 4—Ballots ordered by Commission
- Division 5—Common rules
  - 141 Common rules
  - 142 Variation of common rules
- Division 6—Awards of Commission
- Division 7—Disputes relating to boycotts
Part VIA—Minimum Entitlements of Employees
- Division 2—Equal remuneration for work of equal value
- Division 3—Termination of employment
- Division 4—Orders and proceedings
- Division 5—Parental leave
Part VIB—Certified agreements
- Division 1—Preliminary
- Division 2—Making agreements with constitutional corporations or the Commonwealth
- Division 3—Making agreements about industrial disputes and industrial situations
- Division 4—Certifying agreements
- Division 5—Effect of certified agreements
- Division 6—Persons bound by certified agreements
- Division 7—Extending, varying or terminating certified agreements
- Division 8—Negotiations for certified agreements etc.
- Division 9—Prohibition of coercion in relation to agreements
  - 170NC Coercion of persons to make, vary or terminate certified agreements etc.
- Division 10—Enforcement and remedies
- Division 11—Miscellaneous
  - 170NI Complementary State laws
Part VID—Australian workplace agreements (AWAs)
- Division 1—Preliminary
- Division 2—General rules about AWAs and ancillary documents
  - 170VD AWAs and ancillary documents only have effect as provided by this Part
  - 170VE Collective agreements
- Division 3—Making, varying or terminating an AWA
- Division 4—Filing AWAs and ancillary documents with Employment Advocate
- Division 5—Approval of AWAs and ancillary documents
- Division 6—Effect of an AWA
- Division 7—Enforcement and remedies
- Division 8—Limited immunity for industrial action
- Division 9—Miscellaneous
Part VIE—No-disadvantage test
- 170X Interpretation
- 170XA When does an agreement pass the no-disadvantage test?
- 170XB Special case—employee eligible for the Supported Wage System
- 170XC Special case—employee undertaking approved traineeship
- 170XD Special case—employee undertaking approved apprenticeship
- 170XE Determination of designated award or awards for the purposes of an AWA
- 170XF Determination of designated award or awards for the purposes of a certified agreement
Part VII—Co-operation with the States
- 171 Co-operation with States by President
- 172 Co-operation with States by Industrial Registrar
- 173 Member of Commission may exercise powers under prescribed State laws
- 174 Reference of dispute to State authority for determination
- 175 Joint proceedings
- 176 Conference with State authorities
Part VIII—Compliance
- Division 1—Penalties and other remedies for contravention of awards and orders
- Division 3—Cancellation and suspension of awards and orders
  - 187 Cancellation and suspension of awards and orders
Part VIIIA—Payments in relation to periods of industrial action
- 187AA Payments not to be made or accepted in relation to periods of industrial action
- 187AB Organisations not to take action for payments in relation to periods of industrial action
- 187AC Applications to the Court
- 187AD Orders that the Court may make
Part IX—Registered Organisations
- Division 1A—Preliminary
  - 187A Objects of Part
- Division 1—Registration
- Division 2—Rules of organisations
- Division 3—Validity and performance of rules
  - 208 Rules contravening section 196
  - 209 Directions for performance of rules
- Division 4—Conduct of elections for office
- Division 5—Inquiries into elections
- Division 6—Disqualification from office
- Division 7—Amalgamation of organisations
- Division 7A—Withdrawal from amalgamations
- Division 8—Validating provisions for organisations
- Division 9—Membership of organisations
- Division 10—Records to be kept and lodged by organisations
  - 268 Records to be kept and lodged by organisations
  - 269 Organisations to notify particulars of loans, grants and donations
- Division 11—Accounts and audit
- Division 11A—Entry and inspection of premises etc. by organisations
- Division 12—Miscellaneous
Part X—Cancellation of Registration
- 294 Application for cancellation of registration
- 295 Orders where cancellation of registration deferred
- 296 Cancellation of registration on technical grounds etc.
- 297 Cancellation to be recorded
- 298 Consequences of cancellation of registration
Part XA—Freedom of association
- Division 1—Preliminary
  - 298A Objects of Part
  - 298B Definitions
- Division 2—Conduct to which this Part applies
- Division 3—Conduct by employers etc.
- Division 4—Conduct by employees etc.
  - 298N Cessation of work
- Division 5—Conduct by industrial associations etc.
- Division 6—Remedies for breaches of this Part
- Division 7—Miscellaneous
Part XI—Offences
- 299 Offences in relation to Commission
- 300 Attendance at compulsory conferences
- 301 Intimidation etc.
- 302 Creating disturbance near Commission
- 303 Offences by witnesses
- 304 False representation of appointment as inspector
- 304A False representation of appointment as an authorised officer
- 305 Obstructing inspector
- 305A Obstructing an authorised officer
- 306 Obstructing inspection
- 307 Application for secret ballot in relation to industrial action
- 308 Compliance with directions in relation to secret ballot
- 310 Failure to provide information in relation to election
- 313 Refusal or failure to comply with direction in relation to election
- 314 Failure to preserve ballot papers etc.
- 315 Offences in relation to elections
- 316 Obstructing Industrial Registrar in relation to election inquiry
- 317 Offences in relation to ballot
- 318 Failure to comply with requirement made in relation to an organisation
- 319 Failure to give statement as to membership of organisation
- 321 Offences in relation to records of organisations
- 322 Offences in relation to particulars of loans etc.
- 323 Offences in relation to keeping and preparation of accounts etc.
- 324 Offences in relation to appointment of auditors
- 325 Offences in relation to auditor’s report
- 326 Offences in relation to obstruction etc. of auditors
- 327 Offences in relation to accounts, reports etc.
- 328 Failure to lodge accounts etc.
- 329 Offences in relation to investigation by Registrar
- 330 Offences in relation to lodging of accounts
- 331 Offences in relation to accounts of low income organisations
- 332 Failure by returning officer to provide information on request by member
- 333 Failure to provide copy of rules on request by member
- 337 False representation as to membership of organisation
- 338 Contracts entered into by agents of employers
- 339 Publication of trade secrets etc.
- 340 Unauthorised collection of money
Part XII—Financial Assistance and Costs
- Division 1—Financial assistance
- Division 2—Costs
  - 347 Costs only where proceeding instituted vexatiously etc.
Part XIII—Miscellaneous
- 348 Delegation by Minister
- 349 Conduct by officers, directors, employees or agents
- 350 No imprisonment in default
- 351 Jurisdiction of courts limited as to area
- 352 Public sector employer to act through employing authority
- 353 Proceedings by and against unincorporated clubs
- 353A Records relating to employees
- 354 Inspection of documents etc.
- 355 Trade secrets etc. tendered as evidence
- 356 Application of penalty
- 357 Enforcement of penalties etc.
- 358 Appropriation for payment of certain salaries and allowances
- 358A Reports about developments in making agreements
- 359 Regulations
Part XIV—Jurisdiction of the Federal Court of Australia
- Division 1—Original jurisdiction
- Division 2—Appellate jurisdiction
  - 421 Appeal to the Court from certain judgments
  - 422 Appeals from State and Territory courts
- Division 3—Representation and intervention
Part XV—Matters referred by Victoria
- Division 1—Preliminary
  - 488 Object
  - 489 Interpretation
- Division 2—Extension of existing Commonwealth provisions
- Division 3—New Commonwealth provisions
- Division 4—Recognised associations
  - 535 Regulations relating to transitional registration applications
  - 536 Regulations relating to certain recognised associations that have become registered
Schedule 1A—Minimum terms and conditions of employment
Schedule 1—Interpretation for purposes of additional operation of Act
Schedule 2—Oath or affirmation of office
Schedule 3—Persons, other than employees, who may be members of associations applying for registration
Schedule 4—Complementary registration systems
Schedule 10—Convention concerning termination of employment at the initiative of the employer
Schedule 12—Convention concerning equal opportunities and equal treatment for men and women workers: workers with family responsibilities
Schedule 14—Parental leave