Industrial Relations Act 1996

If, on an application for an order under this section, the Commission is satisfied that the application of section 285 or 286 in relation to an act would do substantial injustice, having regard to the interests of—

the organisation, or

members or creditors of the organisation, or

persons having dealings with the organisation,

Where a declaration is made under subsection (1), section 285 or 286, as the case requires, does not apply, and is to be taken never to have applied, in relation to the act specified in the declaration.

The Commission may make an order under subsection (1) on the application of the organisation, a member of the organisation or any other person having a sufficient interest in relation to the organisation.

The Commission may determine—

what notice, summons or rule to show cause is to be given to other persons of the intention to make an application or an order under this section, and

whether and how the notice, summons or rule should be given or served and whether it should be advertised in any newspaper.

A reference in this section to an act includes a reference to an election, purported election, appointment or purported appointment, and to the making or purported making or alteration or purported alteration of a rule.