Essential Services Act 1988

When a proclamation under section 8 or an order under section 10 is in force in relation to an essential service which is being disrupted by any question, dispute or difficulty involving industrial action or potential industrial action, the Minister must refer any industrial matter relating to the question, dispute or difficulty to the Industrial Relations Commission.

The Minister is required to refer the industrial matter only if it can be dealt with under the Industrial Relations Act 1996 by conciliation and arbitration and is not already being so dealt with under that Act.

The Industrial Relations Commission may hear and determine the industrial matter even though the proclamation under section 8 or order under section 10 has ceased to be in force.