(3) Until provision to the contrary is made by an Act, the powers of the Fair Work Commission do not extend to employment in respect of which a tribunal established by an enactment before 1 July 1978 has power to hear and determine disputes, claims or matters relating to the terms and conditions of the employment.
(4) Provision may be made by enactment for a member of the Fair Work Commission to constitute, or to be a member of, a tribunal established by an enactment before 1 July 1978, and nothing in this section or the Fair Work Act 2009 prevents a member of the Fair Work Commission from accepting appointment or performing duties as, or as a member of, such a tribunal.
(5) The power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of a law conferring on any court, tribunal, board, body, person or other authority any power in relation to the hearing and determining of disputes, claims or matters relating to terms and conditions of employment.
(6) Subsection (5) does not prevent the making of:
(a) a law conferring the power to make determinations by way of the ascertainment of rights or obligations conferred or imposed on persons by law; or
(b) a law conferring power on the Public Service Commissioner of the Territory, on a body established by enactment, or on the holder of an office established by enactment, to make determinations by way of the fixing of terms and conditions of employment of persons employed in the Public Service of the Territory or employed by that body or by the holder of that office, as the case may be.
Note: See section 40 of the Fair Work Act 2009 and regulations made under subsection (2) of that section for the interaction between determinations made under paragraph (6)(b) of this section and fair work instruments (within the meaning of that Act).