Industrial Relations Act 2016

This section applies to a provision of this Act (other than a provision of chapters 3 to 6) under which an application may be made to the commission by an employer about a matter.

If the application relates to health service employees employed by a prescribed Service, the chief executive is taken to be the employer instead of the prescribed Service and may make the application for the matter.

However, the chief executive may give the prescribed Service written notice that the prescribed Service may make the application as the employer.

In deciding whether to give a written notice under subsection (3), the chief executive must have regard to whether the subject of the application may affect the terms and conditions of employment of health service employees in more than 1 health system employer.

If the prescribed Service makes the application, the prescribed Service must give the commission a copy of the chief executive’s written notice under subsection (3) when making the application.