Industrial Relations Act 2016

On application by a person mentioned in section 485, proceedings may be reopened by—

for proceedings taken before the full bench—the full bench; or

otherwise—the commission.

If the commission reopens proceedings, it may—

revoke or amend a decision or recommendation made by it; and

make the decision or recommendation it considers appropriate.

If a recommendation of the commission has been acted on by the Governor in Council and the commission later revokes or amends the recommendation, the Governor in Council may—

cancel the action taken on the recommendation to accord with the commission’s revocation or amendment; or

amend the action to accord with the commission’s revocation or amendment.

Failure to give notice to a person of the proceedings reopened under this section, or any part of the proceedings, leading to the making by the commission of a decision binding on the person—

does not invalidate or otherwise affect the decision; but

the person may apply to further reopen the proceedings if—

the person may apply for reopening of proceedings under section 485; and

the person’s failure to participate in the previously reopened proceedings was because of the failure to give the notice.

If the commission grants an application for reopening, it may give the retrospective operation to its decision made in the reopened proceedings it considers appropriate.