Part IIC Referral of discriminatory awards and determinations to other bodies Section 46PW Part IIC—Referral of discriminatory awards and determinations to other bodies 46PW Referral of discriminatory industrial instruments to the Fair Work Commission (1) A complaint in writing alleging that a person has done a discriminatory act under an industrial instrument may be lodged with the Commission by: (a) a person aggrieved by the act, on that person’s own behalf or on behalf of that person and one or more other persons aggrieved by the act; or (b) 2 or more persons aggrieved by the act, on their own behalf or on behalf of themselves and one or more other persons aggrieved by the act; or (c) a person or persons who are in a class of persons aggrieved by the act, on behalf of all the persons in the class; or (d) a trade union, on behalf of one or more of its members aggrieved by the act or on behalf of a class of its members aggrieved by the act. (2) If the Commission receives a complaint under this section, the Commission must notify the President accordingly. (3) If it appears to the President that the act is a discriminatory act, the President must refer the industrial instrument to the Fair Work Commission. However, the President need not refer the industrial instrument if the President is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance. (4) If the President decides not to refer the industrial instrument, the President must give notice in writing of that decision to the complainant or each of the complainants, together with notice of the reasons for the decision. 90 Compilation No. 48 Australian Human Rights Commission Act 1986 Compilation date: 20/12/18 Authorised Version C2019C00030 registered 14/01/2019 Registered: 14/1/19