New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"1940 Act" means the Industrial Arbitration Act 1940 .
"1991 Act" means the Industrial Relations Act 1991 .
"former 1940 Act Commission" means the Industrial Commission of New South
Wales established under the 1940 Act.
"former 1991 Act Commission" means the Industrial Relations Commission of New
South Wales established under the 1991 Act.
"former Industrial Court" means the Industrial Court of New South Wales
established under the 1991 Act.
"new Commission" means the Industrial Relations Commission established under
this Act.
(1) The regulations may make provision of a savings or transitional nature consequent on the enactment of the following Acts--Industrial Relations Act 1996Industrial Relations Amendment Act 1996Industrial Relations Amendment (Unfair Contracts) Act 1998Industrial Relations Amendment (Federal Award Employees) Act 1998Local Courts Amendment (Part-time Magistrates) Act 1999Industrial Relations Amendment Act 2000Industrial Relations Amendment (Leave for Victims of Crime) Act 2001Industrial Relations Amendment (Casual Employees Parental Leave) Act 2001Workers Compensation Legislation Further Amendment Act 2001Industrial Relations Amendment (Unfair Contracts) Act 2002Industrial Relations Amendment (Industrial Agents) Act 2002Industrial Relations Amendment (Adoption Leave) Act 2003Industrial Relations Amendment (Public Vehicles and Carriers) Act 2003Courts Legislation Amendment Act 2003 , but only in relation to the amendments made to this ActIndustrial Relations Amendment Act 2005Industrial Relations Amendment Act 2006Industrial Relations Further Amendment Act 2006Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 , but only in relation to the amendments made to this ActShop Trading Act 2008Industrial Relations (Commonwealth Powers) Act 2009Industrial Relations Amendment (Public Sector Appeals) Act 2010Industrial Relations Amendment (Non-operative Awards) Act 2010Industrial Relations Amendment (Public Sector Conditions of Employment) Act 2011Industrial Relations Amendment (Non-operative Awards) Act 2011Industrial Relations Amendment (Industrial Organisations) Act 2012Industrial Relations Amendment (Industrial Representation) Act 2012Industrial Relations Amendment (Industrial Court) Act 2013any other Act that amends this Act
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
An award made under the 1991 Act by the former 1991 Act Commission or the former Industrial Court (or made under the 1940 Act and taken by the 1991 Act to be an award under the 1991 Act), being an award in force immediately before the repeal of the 1991 Act, is taken to be an award made under the corresponding provision of this Act by the new Commission.
An exemption from an award granted under the 1991 Act (being an exemption in force immediately before the repeal of that Act) is taken to have been granted under this Act.
Any application for an award or exemption made under the 1991 Act and not determined immediately before the repeal of that Act is to continue to be dealt with as if made under this Act.
(1) Any enterprise agreement registered (or taken to be registered) under the 1991 Act and in force immediately before the repeal of that Act (a
"former enterprise agreement" ) is taken to be an enterprise agreement approved under this Act.
(2) Any enterprise agreement lodged for registration under the 1991 Act and not registered immediately before the repeal of the 1991 Act is to continue to be dealt with under the relevant provisions of the 1991 Act despite its repeal. If it is registered, subclause (1) applies to the agreement.
(3) The Commission must, on the application of an industrial organisation of which employers or employees who are parties to the agreement are (or are eligible to be) members, by order terminate an agreement to which subclause (1) applies if the Commission is satisfied that the agreement--(a) is not consistent with the principles prescribed by section 33, or(b) does not comply with the conditions of approval prescribed by section 35.The agreement may also be terminated in accordance with section 44.
An
industrial agreement filed under section 11 of the 1940 Act (including a
variation of such an agreement) that was continued in force by the 1991 Act
and was in force immediately before the repeal of the 1991 Act (a
"former industrial agreement" ) continues in force under this Act and (except
as otherwise provided by this Act) is taken to be an enterprise agreement
approved under this Act.
A former enterprise or industrial agreement may be varied at any time by an enterprise agreement made and approved in accordance with this Act, but not otherwise.
(1) Unless each of the parties agrees to terminate the agreement during its term or after its term has expired, a former enterprise or industrial agreement can be terminated only at or after the expiration of its term by one of the parties giving to the other party or all other parties at least 3 months' written notice of intention to terminate. The notice may be served before the end of its term.
(2) Termination of the agreement is not effective unless the Industrial Registrar has been given written notice of an agreement to terminate or of service of the notice of intention to terminate.
The provisions of a former enterprise or industrial agreement prevail over the provisions of any award or order of the Commission that deal with the same matters in so far as they apply to a person bound by the agreement (but the provisions of a former industrial agreement do not prevail over a former or any other enterprise agreement).
(1) A former enterprise agreement is binding on--(a) the parties to the agreement, and(b) each person from time to time employed in the enterprise for which the agreement was made who, whether or not a member of an industrial organisation or a works committee that is a party to the agreement or otherwise a named party to the agreement, is employed in a trade or occupation to which the agreement relates, and(c) each successor to an employer who was a party to the agreement.
(2) A former industrial agreement is binding on--(a) the parties to the agreement, and(b) every member for the time being of an industrial organisation of employees that is a party to the agreement, being a member to whom the agreement applies, and(c) every member for the time being of an industrial organisation of employers that is a party to the agreement, and(d) each person from time to time employed by the employer or each employer for whom the agreement was made who, although not a member of an industrial organisation of employees, is employed in a trade or occupation to which the agreement relates, and(e) each successor to any such employer.
(1) For the purposes of this clause, the
"previous parental leave provisions" are the provisions of Part 14A of the 1940 Act and the provisions of Division 3 of Part 2 of Chapter 2 of the 1991 Act.
(2) Anything done by an employee or employer for the purposes of the previous parental leave provisions is taken to have been done for the purposes of the corresponding provisions of this Act.
(3) Any entitlement (to leave or otherwise) in accordance with the previous parental leave provisions subsisting immediately before the repeal of the 1991 Act becomes an entitlement in accordance with the corresponding provisions of this Act.
(4) Leave taken under the previous parental leave provisions is taken to have been taken under the corresponding provisions of this Act.
(1) Part 4 of Chapter 2 (Parental leave) applies to and in respect of a pregnancy that began before, and a birth or adoption that occurred before, the commencement of that Part.
(2) The employer may waive the application of any notice requirements under that Part, or reduce the period of notice required, in the case of such a pregnancy, birth or adoption.
(1) The amendments to Part 4 of Chapter 2 made by the Industrial Relations Amendment Act 2000 or the Industrial Relations Amendment (Casual Employees Parental Leave) Act 2001 extend to persons employed as casual employees on the commencement of those amendments.
(2) The employment of those persons before the commencement of those amendments may be taken into account for the purposes of the 24-month qualifying period of service referred to in section 57 (3) (as in force before the commencement of the Industrial Relations Amendment (Casual Employees Parental Leave) Act 2001 ) or for the purposes of the 12-month qualifying period of service referred to in section 57 (3) (as in force after the commencement of that Act).
The amendment made to section 55 (4) by the Industrial Relations Amendment (Adoption Leave) Act 2003 does not apply to or in respect of an adoption of a child if placement of the child occurred before the commencement of that Act.
(1) Section 27 does not affect the cashing-in of accumulated sick leave under an existing provision on termination of employment (whether by resignation, retirement, death or otherwise), but the maximum number of days (or other periods) of that leave that may be cashed-in is to be calculated as follows--Calculate the number of days (or other periods) of accumulated sick leave, as at the date of termination of employment, that the employee could cash-in in accordance with the existing provision as in force on that date.Calculate the number of days (or other periods) of accumulated sick leave, as at 15 February 1993, that the employee could have cashed-in if his or her employment had been terminated immediately before that date and all conditions in the existing provision that had to be satisfied before accumulated sick leave could be paid to the employee (for example, attaining a specified age or completing a specified period of employment) were satisfied.The maximum number of days (or other periods) of accumulated leave that may be cashed-in is the lesser of the numbers calculated under step 1 and step 2.
(2) An existing provision may be duly repealed or varied, but not so as to increase the number of days (or other periods) of accumulated sick leave that may be cashed-in.
(3) Section 27 does not affect any payment made or due to an employee before 15 February 1993.
(4) In this clause--
"award" means an award within the meaning of section 27.
"existing provision" means a provision of an award that allows or requires an employee to cash-in the employee's accumulated sick leave on termination of employment (whether by resignation, retirement, death or otherwise), being a provision that commenced before 15 February 1993.
Note : 15 February 1993 is the date of commencement of section 99A of the 1991 Act--the predecessor of the above clause.
(1) The adult basic wage on the repeal of the 1991 Act is $121.40 per week.
(2) The adult basic wage may be varied by the Commission. Notice of any such variation is to be published in the Industrial Gazette by the Industrial Registrar.
(3) A reference in another Act, in an industrial instrument, in an instrument made under an Act or in any document to the adult basic wage is to be read as a reference to the adult basic wage in force under this clause.
A part-time work agreement made under Division 4 of Part 2 of Chapter 2 of the 1991 Act and in force immediately before the repeal of that Act is taken to be a part-time agreement under Part 5 of Chapter 2 of this Act.
An application made but not determined under Part 8 of Chapter 3 of the 1991 Act immediately before the repeal of that Act is to continue to be dealt with as if made under Part 6 of Chapter 2 of this Act.
(1) Section 90A (which was inserted by the Industrial Relations Amendment (Federal Award Employees) Act 1998 ) does not apply to a termination of employment that occurred before the commencement of that section.
(2) Section 83 (1A) (as replaced by the Industrial Relations Amendment Act 2000 ) does not apply to a termination of employment that occurred before the commencement of that replacement subsection.
Section 90A (as inserted by the Industrial Relations Amendment (Industrial Agents) Act 2002 ) does not apply to or in respect of proceedings that were commenced before the commencement of that section.
An application made but not determined under Part 7 of Chapter 3 of the 1991 Act immediately before the repeal of that Act is to continue to be dealt with as if made under Part 7 of Chapter 2 of this Act.
Part 8 of Chapter 2 (Protection of entitlements on transfer of business) applies to a transferred employee only if the transfer of business occurs or occurred on or after 1 April 1987.
Section 109A (which was inserted by the Industrial Relations Amendment (Unfair Contracts) Act 1998 ) does not affect the jurisdiction of the Commission under Part 9 of Chapter 2 in connection with the dismissal of an employee before the commencement of that section.
Section 106 (2A), as inserted by the Industrial Relations Amendment Act 2005 applies to a contract made before the commencement of that provision and to proceedings pending in the Commission at that commencement that have not been finally determined by the Commission. However, section 106 (2A) does not apply to any proceedings pending in any other court or tribunal on that commencement.
A permit issued, or taken to be issued, under section 21 of the 1991 Act and in force immediately before the repeal of that section is taken to have been granted under section 125 of this Act.
(1) An industrial dispute being dealt with by the former 1991 Act Commission immediately before the repeal of the 1991 Act is to continue to be dealt with by the new Commission according to the procedures for conciliation and arbitration of the 1991 Act despite its repeal. Any dispute order made in the proceedings is taken to be a dispute order made under this Act (whether or not such an order could be made under this Act).
(2) Any proceedings for a breach of a dispute order, or for an injunction in connection with industrial action, pending before the former Industrial Court immediately before the repeal of the 1991 Act is to continue to be dealt with by the new Commission in Court Session according to the relevant provisions of the 1991 Act despite its repeal. Any order made in the proceedings is taken to be an order made under this Act (whether or not such an order could be made under this Act).
(3) Despite subclause (1), if immediately before the repeal of the 1991 Act, the industrial dispute was being dealt with by conciliation and a certificate of attempted conciliation had not been issued, the dispute is taken to be an industrial dispute notified to the new Commission under Chapter 3 and is to continue to be dealt with according to the procedures for conciliation and arbitration of that Chapter.
Section 166 (2) (as amended by the Industrial Relations Amendment (Industrial Agents) Act 2002 ) does not apply to or in respect of conciliation proceedings that were commenced before the commencement of the amendment.
(1) The Industrial Relations Commission of New South Wales established under the 1991 Act is abolished on the repeal of the 1991 Act.
(2) On the repeal of the 1991 Act--(a) the person holding office as President of the former 1991 Act Commission immediately before that repeal is by this Act appointed as President of the new Commission, and(b) the person holding office as Vice-President of the former 1991 Act Commission immediately before that repeal is by this Act appointed as Vice-President of the new Commission, and(c) a person holding office as a Deputy President of the former 1991 Act Commission immediately before that repeal is by this Act appointed as a Deputy President of the new Commission, and(d) a person holding office as a Conciliation Commissioner of the former 1991 Act Commission immediately before that repeal is by this Act appointed as a Commissioner of the new Commission, and(e) a person holding office as an Acting Deputy President of the former 1991 Act Commission immediately before that repeal is by this Act appointed as an Acting Deputy President of the new Commission, and(f) a person holding office as an Acting Conciliation Commissioner of the former 1991 Act Commission immediately before that repeal is by this Act appointed as an Acting Commissioner of the new Commission.
(3) Any such person who was holding office as a regional member for a specified region under the 1991 Act is by this Act appointed as a regional member for that region under this Act.
(4) Any such person who was holding office for a specified term is taken to have been appointed to the new office for the balance of that term of office.
(1) The Industrial Court of New South Wales established under the 1991 Act is abolished on the repeal of the 1991 Act.
(2) On the repeal of the 1991 Act--(a) a person holding office as a Judge of the former Industrial Court (including the Chief Judge and the Deputy Chief Judge) immediately before that repeal is by this Act appointed as a member of the new Commission in Court Session (a
"judicial member" of the new Commission), and(b) if any such person does not also hold office as a member of the former 1991 Act Commission, the person is by this Act appointed as a Deputy President of the new Commission, and(c) a person holding office as an Acting Judge of the former Industrial Court immediately before that repeal is by this Act appointed as an acting member of the new Commission in Court Session (an
"acting judicial member" of the new Commission), and(d) if any such person does not also hold office as a member or acting member of the former 1991 Act Commission, the person is by this Act appointed as an acting member of the new Commission.
(3) Any such person who was holding office for a specified term is taken to have been appointed to the new office for the balance of that term of office.
(1) This clause applies to a person who was a Judge of the former Industrial Court (including the Chief Judge and Deputy Chief Judge) and who is appointed as a judicial member of the new Commission under this Part.
(2) In the case of a person who is by this Act appointed as a judicial member and also as President or Vice-President of the new Commission, the remuneration that the person is entitled to be paid is to be not less than the remuneration from time to time determined on the basis of the same comparison with a Judge of the Supreme Court as that on which the remuneration of the person had been determined immediately before the repeal of the 1991 Act. This subclause has effect despite the provisions of the Statutory and Other Offices Remuneration Act 1975 relating to the President and Vice-President.
(3) In the case of a person who is by this Act appointed as another judicial member, Schedule 2 to this Act provides that the remuneration payable is to be the same as that payable to a Judge of the Supreme Court (other than the Chief Justice and the President or a Judge of the Court of Appeal).
(4) Service as a judicial member of the former 1940 Act Commission or as a Judge of the former Industrial Court of a person to whom this clause applies is to be reckoned for all purposes as service as a judicial member of the new Commission.
(1) This clause applies to a person who was a Presidential member of the former 1991 Act Commission (and was not also a Judge of the former Industrial Court) and who is appointed as a Presidential member of the new Commission under this Part.
(2) Any such person has, while holding the office to which the person is by this Act appointed, the same rank, status, precedence and other rights as the person had under the 1991 Act immediately before the repeal of that Act.
(3) The remuneration that a person to whom this clause applies is entitled to be paid is to be not less than the remuneration from time to time determined on the basis of the same comparison with a Judge of the Supreme Court as that on which the remuneration of the person had been determined immediately before the repeal of the 1991 Act. This subclause has effect despite the provisions of the Statutory and Other Offices Remuneration Act 1975 relating to Presidential members of the new Commission.
(4) The Judges' Pensions Act 1953 does not apply to a person to whom this clause applies.
(5) Service as a non-judicial member of the former 1940 Act Commission or as Presidential member of the former 1991 Act Commission of a person to whom this clause applies is to be reckoned for all purposes as service as a Presidential member of the new Commission.
(1) This clause applies to a person who was a Conciliation Commissioner under the 1991 Act and who is appointed as a Commissioner of the new Commission under this Part.
(2) The remuneration that a person to whom this clause applies is entitled to be paid is to be not less than the remuneration that was payable to the person as a Conciliation Commissioner immediately before the repeal of the 1991 Act. This subclause has effect despite the provisions of the Statutory and Other Offices Remuneration Act 1975 relating to Commissioners of the new Commission.
(3) Despite their repeal, the provisions of section 15 (1A) (a), (7), (8), (8A) and (8B) of the 1940 Act continue to apply to a person to whom this clause applies if those provisions applied to the person immediately before the repeal of the 1991 Act because of clause 7 of Schedule 2 to the 1991 Act, and so apply in the same way as they applied to the person when the person was a Conciliation Commissioner under the 1940 Act.
(4) Despite their repeal, the provisions of section 327 of the 1991 Act continue to apply to a person to whom this clause applies, and so apply in the same way as they applied to the person when the person was a Conciliation Commissioner under the 1991 Act.
(5) Service as a Conciliation Commissioner under the 1940 Act and the 1991 Act of a person to whom this clause applies is to be reckoned for all purposes as service as a Commissioner of the new Commission.
(1) A Conciliation Committee or Contract Regulation Committee established under the 1991 Act and in existence immediately before the repeal of that Act is taken to have been established under this Act as an Industrial Committee.
(2) For the purposes of calculating the duration of any such Committee, the Committee is taken to have been established on the repeal of that Act.
(3) Proceedings pending before the Committee on the repeal of that Act are to be continued as if they were pending under this Act.
(1) Any person appointed under Part 2 of the Public Sector Management Act 1988 to the office of Industrial Registrar, Deputy Industrial Registrar or inspector for the purposes of the 1991 Act and holding that office immediately before the repeal of the 1991 Act is by this Act so appointed to the corresponding office for the purposes of this Act.
(2) Any other persons employed under Part 2 of the Public Sector Management Act 1988 for the purposes of the 1991 Act or to enable the former Industrial Court to exercise its functions are by this Act so employed for the purposes of this Act.
The Governor may issue an appropriate commission under the public seal of the State to a person who is appointed to a new office under this Part. The appointment is effective whether or not such a commission is issued.
(1) Until rules of the Commission are in force with respect to any matter for which rules may be made, the regulations may make provision with respect to that matter.
(2) Until rules or regulations are made, the following regulations under the 1991 Act (as in force immediately before the repeal of that Act) apply to the matter with such modifications as may be necessary--(a) in the case of proceedings before the Commission in Court Session-- Industrial Court Rules (Transitional) Regulation 1992 ,(b) except in the case of proceedings before the Commission in Court Session-- Industrial Relations Commission Rules (Transitional) Regulation 1992 .
(1) If, before the repeal of the 1991 Act, proceedings in relation to a matter were instituted (or taken to be instituted) in the former 1991 Act Commission or the former Industrial Court, but the hearing of the matter had not been commenced before that repeal, the proceedings are taken to be proceedings instituted in the new Commission.
(2) If, before the repeal of the 1991 Act, the former 1991 Act Commission or the former Industrial Court, had commenced the hearing of, but had not determined, a matter, the person or persons constituting the Commission hearing the matter are to continue the hearing, and are to determine the matter, sitting as the new Commission.
(3) If proceedings referred to in subclause (2) are proceedings before the former Industrial Court, the new Commission sitting to determine the matter is to be the Commission in Court Session (whether or not the matter is one within the jurisdiction of the new Commission in Court Session under this Act).
(4) The repeal of the 1991 Act does not affect any proceedings pending before a Local Court under that Act, whether or not constituted by an Industrial Magistrate.
(5) Section 191 (Nature of appeal) applies to appeals made under the 1991 Act, but not determined before the repeal of that Act.
Sections 181A and 406A (as inserted by the Industrial Relations Amendment (Industrial Agents) Act 2002 ) do not apply to or in respect of proceedings that were commenced before the commencement of those sections.
The amendments made to section 179 by the Industrial Relations Amendment Act 2005 apply to decisions and proceedings of the Commission made or instituted before the commencement of the amendments, and to proceedings pending in any State court or tribunal (other than the Commission) on that commencement. However, those amendments do not affect any order or decision made by any such court or tribunal before that commencement.
(1) This clause applies to any provision of an Act or statutory rule that is amended by the Industrial Relations Further Amendment Act 2006 to replace a reference to the Industrial Gazette with a reference to the NSW industrial relations website.
(2) Any matter that was duly published in the Industrial Gazette as required or permitted by a provision to which this clause applies continues to have been duly published for the purposes of that provision on and after the relevant commencement day despite the amendment of the provision by the Industrial Relations Further Amendment Act 2006 .
(3) In this clause--
"relevant commencement day" means the day on which Schedule 1 [10[#93] to the Industrial Relations Further Amendment Act 2006 commences.
Note : Section 223 provides that all industrial organisations registered or recognised under the Industrial Relations Act 1991 immediately before the repeal of that Act by this Act are taken to be registered under Chapter 5 of this Act as State organisations or separate organisations, as the case requires.
Any authority issued under section 733 of the 1991 Act to an officer of an industrial organisation of employees (within the meaning of that section) and in force immediately before the repeal of that section by this Act is taken to be an authority issued under Part 7 of Chapter 5 of this Act.
(1) A contract determination made under Chapter 6 of the 1991 Act (or made under Part 8A of the 1940 Act and taken by the 1991 Act to have been made under the 1991 Act), being a contract determination in force immediately before the repeal of the 1991 Act, is taken to have been made by the new Commission under Chapter 6 of this Act.
(2) Any application for a contract determination made under Chapter 6 of the 1991 Act and not determined immediately before the repeal of that Act is to continue to be dealt with as if made under Chapter 6 of this Act.
Any agreement registered (or taken to be registered) under Chapter 6 of the 1991 Act and in force immediately before the repeal of that Act is taken to be a contract agreement approved under Chapter 6 of this Act.
Contract agreements and contract determinations made before the commencement of the Industrial Relations (Public Vehicles and Carriers) Amendment Act 1993 apply, until such time as they are varied, only to motor lorries.
Contract agreements and contract determinations made before the commencement of this Act apply, until such time as they are varied, only to motor vehicles.
Any association registered (or taken to be registered) under Chapter 6 of the 1991 Act immediately before the repeal of that Act is taken to be an association registered under Chapter 6 of this Act.
Part 7 of Chapter 6 applies to the termination of a head contract of carriage that occurs on or after 1 August 1994 (being the commencement of the predecessor of that Part enacted by the Industrial Relations (Contracts of Carriage) Amendment Act 1994 ), and so applies whether the head contract of carriage was entered into before or after that date.
(1) On the repeal of the 1991 Act, a person holding office as Chief Industrial Magistrate or Industrial Magistrate under the 1991 Act immediately before that repeal is by this Act appointed as Chief Industrial Magistrate or Industrial Magistrate under this Act.
(2) Until a relevant determination is made and takes effect under the Statutory and Other Offices Remuneration Act 1975 , an Industrial Magistrate holding office on a part-time basis is entitled to be paid in accordance with the determination in force for the time being for Industrial Magistrates, but on a pro rata basis (according to time spent in service), as calculated by the Attorney General.
A reference in another Act, in an instrument made under an Act or in any document--
(a) to the 1940 Act or the 1991 Act--is to be read as a reference to this Act, or
(b) to the Trade Union Act 1881 or the Truck Act 1900 --is to be read as a reference to the corresponding provisions of this Act, or
(c) to the former 1940 Act Commission or the former 1991 Act Commission--is to be read as a reference to the new Commission, or
(d) to the former Industrial Court--is to be read as a reference to the new Commission in Court Session, or
(e) to a Conciliation Committee established under the 1940 Act or under the 1991 Act--is to be read as a reference to an Industrial Committee established under this Act, or
(f) to a Contract Regulation Tribunal established under the 1940 Act or a Contract Regulation Committee established under the 1991 Act--is to be read as a reference to an Industrial Committee established under this Act, or
(g) to an award under the 1940 Act or the 1991 Act--is to be read as a reference to an award under this Act, or
(h) to an industrial agreement or enterprise agreement under the 1940 Act or the 1991 Act--is to be read as a reference to an enterprise agreement under this Act (unless otherwise provided), or
(i) to a contract determination under the 1940 Act or the 1991 Act--is to be read as a reference to a contract determination under this Act, or
(j) to a registered agreement under section 91H of the 1940 Act or under Chapter 6 of the 1991 Act--is to be read as a reference to a contract agreement under this Act, or
(k) to an industrial union of employees or employers is to be read as a reference to an industrial organisation of employees or employers registered under Chapter 5, or
(l) to the holder of an authority issued under section 733 of the 1991 Act is to be read as a reference to the holder of an authority issued under Part 7 of Chapter 5 of this Act.
(1) An order made under the 1991 Act by the former 1991 Act Commission or the former Industrial Court (or made under the 1940 Act and taken by the 1991 Act to be an order under the 1991 Act), being an order having effect immediately before the repeal of the 1991 Act, is taken to be an order made under the corresponding provision of this Act by the new Commission.
(2) Any application for an order made under the 1991 Act and not determined immediately before the repeal of that Act is to continue to be dealt with as if made under this Act (but only if there is a corresponding provision of this Act under which the order could be made).
(3) This clause is subject to the other provisions of this Schedule.
If, for any purpose, time had commenced to run under a provision of the 1991 Act before, but had not expired before, the repeal of the provision, it expires for the corresponding purpose under this Act at the time at which it would have expired if the provision had not been repealed.
(1) If anything done or commenced under the 1991 Act before the repeal of that Act and still having effect or not completed immediately before that repeal could have been done or commenced under this Act if this Act had been in force when the thing was done or commenced--(a) the thing done continues to have effect, or(b) the thing commenced may be completed,as if it had been done or commenced under this Act.
(2) A reference in this clause to anything done or commenced under the 1991 Act includes a reference to anything done or commenced under the 1940 Act and continuing to have effect under the 1991 Act.
(3) This clause is subject to any express provision of this Act on the matter.
(1) For the avoidance of doubt, any exercise or purported exercise of jurisdiction by the Chief Industrial Magistrate or other Industrial Magistrate under any of the following Acts (or regulations under those Acts) before the commencement of this clause is as valid as it would have been had the amendments made by Schedule 7 to the Workers Compensation Legislation Further Amendment Act 2001 been in force at the time of the exercise or purported exercise of the jurisdiction--Building and Construction Industry Long Service Payments Act 1986Essential Services Act 1988Occupational Health and Safety Act 2000Shops and Industries Act 1962Workers Compensation Act 1987Workplace Injury Management and Workers Compensation Act 1998
(2) For the avoidance of doubt, any exercise or purported exercise of jurisdiction by the Chief Industrial Magistrate or other Industrial Magistrate under any of the following Acts (or regulations under those Acts) before the repeal of the Act concerned is as valid as it would have been had that Act been specified in section 382 (1) at the time of the exercise or purported exercise of the jurisdiction--Construction Safety Act 1912Occupational Health and Safety Act 1983
In this Part--
"amending Act" means the Industrial Relations Amendment Act 2006 .
"constitutional corporation" means a corporation to which paragraph 51 (xx) of
the Commonwealth Constitution applies.
"relevant time" means the beginning of the day that occurs immediately before
the day on which Part 2 of Schedule 4 to the Workplace Relations Amendment
(Work Choices) Act 2005 of the Commonwealth commences.
Section 146A, as inserted by Schedule 1 [3[#93] to the amending Act, extends to agreements of the kind referred to in section 146A (1) entered into before the commencement of that section.
(1) This clause applies to an award that was in force immediately before the relevant time--(a) that applies to a group of employees that is constituted wholly or partly by employees of any constitutional corporation and in respect of which an enterprise agreement could have been made (as referred to in section 30), and(b) the parties to which are limited to the kinds of persons or bodies that could have been parties to an enterprise agreement (as referred to in section 31) in respect of those employees, and(c) that binds only the parties to the award and the employees for whom the award was made, and(d) that was made by the Commission so as to give effect to an agreement of the parties to the award.
(2) Without limiting subclause (1) (d), an award was made so as to give effect to an agreement of the parties if--(a) the award was made with the consent of the parties, or(b) the award substantially gives effect to conditions of employment agreed to, or jointly proposed to the Commission, by the parties.
(3) On and from the relevant time--(a) an award to which this clause applies ceases to have effect as an award, but only to the extent to which it applies to employees of a constitutional corporation (the
"relevant award" ), and(b) an enterprise agreement (with the features referred to in subclause (4) (a)-(d)) has effect instead of the relevant award in respect of those employees even though the formalities under Part 2 of Chapter 2 for the making of an enterprise agreement may not have been complied with.
(4) Part 2 of Chapter 2 applies to any enterprise agreement given effect to by subclause (3) (b) in the same way as that Part applies to any other enterprise agreement, subject to the following--(a) the agreement is taken to have been duly made and to have been duly approved by the Commission at the relevant time,(b) the agreement binds the same employees of a constitutional corporation and parties as the relevant award,(c) the conditions of employment for which the agreement provides are taken to be the same conditions of employment for which the relevant award provided,(d) the agreement has a nominal term commencing at the relevant time and ending at the same time as the nominal term of the relevant award,(e) the provisions of section 45 (Register and publication of enterprise agreements) apply to the agreement as if the agreement were approved at the relevant time,(f) such modifications of that Part as may be prescribed by the regulations.
(5) Nothing in this clause affects the continued operation of any award to the extent to which the award applies to employees that are employed by the Government in the service of the Crown.
(6) In this clause--
"modification" includes addition, exception, omission or substitution.
Subject to any rules of the Commission, any party to an award may apply to the Commission (whether before or after the relevant time) for an order determining any of the following issues--
(a) whether or not the award is an award to which clause 44C applies,
(b) the extent to which an enterprise agreement has effect instead of an award to which clause 44C applies.
In relation to a decision in proceedings for an offence under the Occupational Health and Safety Act 1983 or the regulations under that Act--
(a) section 197A of this Act does not apply to a decision made before the commencement of Schedule 2.9 to the Coal Mine Health and Safety Act 2002 (which substituted section 197A (10)), and
(b) section 197A extends to proceedings commenced before the commencement of Schedule 2.9 to the Coal Mine Health and Safety Act 2002 .
If the Industrial Relations Amendment (Public Vehicles and Carriers) Act 2003 commences after the day that is 2 years after the date of commencement of section 310A--
(a) the authorisation conferred by section 310A is taken not to have ceased to have effect despite section 310A (4), and
(b) anything done before the commencement of that Act that would (but for section 310A (4)) have been specifically authorised by this Act for the purposes of section 51 of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales is specifically authorised.
(1) Sections 153 and 164, as amended by Schedule 4 to the Courts Legislation Amendment Act 2003 --(a) extend to any contempt committed before the commencement of Schedule 4 [2[#93] to that Act, and(b) do not extend to proceedings for any such contempt that are pending in the Commission immediately before that commencement.
(2) Section 164A, as inserted by Schedule 4 [4[#93] to the Courts Legislation Amendment Act 2003 , extends to proceedings before the Commission that were commenced, but not finally determined, before the commencement of that section.
(1) The amendments made to Part 4 of Chapter 2 of this Act by the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 extend to the taking of extended paternity or partner leave by a female employee where the birth of a child of the employee or of the employee's female de facto partner has taken place before the commencement of the amendments.
(2) The following provisions apply in place of section 58 (2) in relation to that extended paternity or partner leave--(a) the employee must, at least 4 weeks before proceeding on leave, give written notice of the dates on which she proposes to start and end the period of leave,(b) the employee must, before the start of leave, provide a certificate from a medical practitioner stating that the child was born and the date of birth,(c) the employee must, before the start of leave, provide a statutory declaration by the employee stating--(i) if applicable, the period of any maternity leave sought or taken by her de facto partner, and(ii) that the employee is seeking the period of leave to become the primary care-giver of the child.
(3) Any entitlement of a female employee to take paternity or partner leave under this clause ceases on the expiration of 1 year following the birth of the child concerned.
(4) In this clause--(a) a reference to a child of a female employee is a reference to a child of whom the employee is presumed to be a parent because of the application of section 14 (1A) (a) of the Status of Children Act 1996 , and(b) a reference to a child of the employee's de facto partner is a reference to a child who is born following the pregnancy of the employee's de facto partner.
In this Part,
"the APEC public holiday" means 7 September 2007, being the day appointed by
the notice published under section 19 (3) of the Banks and Bank Holidays Act
1912 in Gazette No 36 of 2 March 2007 as a day to be observed as a public
holiday in the local government areas specified in the Schedule to the notice.
A reference in any industrial instrument to a public holiday (whether described as a "holiday", "public holiday", "proclaimed", "gazetted", "for the State", "for a special purpose" or otherwise) is taken to include a reference to the APEC public holiday, but only in respect of employment in the local government areas in which that holiday is to be observed.
(1) Any person exercising the trade or calling of a pastrycook, whether an employer of labour or not, or any person employed in such a trade or calling, who in any area makes or bakes for trade or sale any pastry before the time that may be fixed by a State award for the time being in force in the area for the commencement of ordinary hours of work by employees engaged in the making or baking of pastry, or after the time that may be so fixed for the cessation of the ordinary hours of work by employees so engaged, is guilty of an offence.: Maximum penalty--25 penalty units.
(2) The Minister may, in the case of any emergency or unforeseen circumstances, or in order to meet the exigencies of the trade carried on in a particular bakehouse, exempt any person exercising or employed in the trade or calling of a pastrycook from the operation of all or any of the provisions of this clause for such periods and subject to such conditions as the Minister determines.
(3) A person who contravenes a condition of an exemption under this clause is guilty of an offence.: Maximum penalty--25 penalty units.
(4) In this clause--
"pastry" includes cakes, biscuits, muffins and crumpets and any goods usually made by pastrycooks.
(5) This clause (with minor modifications) re-enacts Division 5 of Part 4 of the Shops and Industries Act 1962 . This clause is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
In this Part--
"former appellate body" means the Government and Related Employees Appeal
Tribunal.
"GREAT Act" means the Government and Related Employees Appeal Tribunal Act
1980 .
"2010 Act" means the Industrial Relations Amendment (Public Sector Appeals)
Act 2010 .
(1) An appeal against a decision of an employer that was lodged in accordance with the GREAT Act before its repeal is taken to have been made to the Commission under Part 7 of Chapter 2 of this Act (as inserted by the 2010 Act).
(2) If the hearing of an appeal referred to in subclause (1) had commenced before the repeal of the GREAT Act, the President of the Commission may give such directions regarding the continuance of the hearing (including directions for the replacement of a member of the former appellate body with a member of the Commission and the exercise of any functions by the Industrial Registrar in relation to the hearing) that the President considers appropriate.
(3) A member of the Commission who replaces a member of the former appellate body is to have regard to the evidence and decisions made in relation to the appeal before the replacement.
(4) A member of the former appellate body is not entitled to any remuneration or compensation because of the loss of office as a consequence of the enactment of the 2010 Act.
(1) This clause applies to an award that--(a) was in force on the date of introduction, and(b) was varied or rescinded during the period commencing on the date of introduction and ending immediately before the commencement of the 2010 amending Act.
(2) On or after the commencement of the 2010 amending Act but before the commencement of the Industrial Relations Amendment (Non-operative Awards) Act 2011 , the Commission may make a declaration under section 20A in relation to an award to which this clause applies as if the award had not been rescinded or varied.
(3) If the Commission makes a declaration under section 20A (1) (a) in relation to such an award, the award continues in force as if the variation or rescission referred to in subclause (1) (b) had not occurred.
(4) In this clause--
"date of introduction" means the date on which the Bill for the 2010 amending Act was introduced into the Legislative Assembly.
"the 2010 amending Act" means the Industrial Relations Amendment (Non-operative Awards) Act 2010 .
(1) All awards that were declared to be non-operative awards under this Act before the commencement of the Industrial Relations Amendment (Non-operative Awards) Act 2011 are taken to have been rescinded on the commencement of this clause by the Commission in accordance with section 20 (2).
(2) Subclause (1) extends to awards referred to in clause 54 (3).
In this Part--
"the amending Act" means the Industrial Relations Amendment (Industrial
Organisations) Act 2012 .
(1) Action may be taken under Division 11 of Part 4 of Chapter 5, as inserted by the amending Act, in relation to an act or omission that--(a) occurred before the commencement of that Division, or(b) was the subject of an application or declaration of a kind referred to in section 290F that was made before the commencement of that Division.
(2) Sections 385, 388 and 398, as amended by the amending Act, and sections 385A and 385B, as inserted by the amending Act, apply to offences committed before the commencement of the amending Act.
(1) Meaning of "pending proceedings" This clause applies in relation to proceedings before a Full Bench of the Commission in Court Session (
"pending proceedings" ) that were commenced (but not completed) by the Full Bench before the abolition day.
(2) Heard or partly heard proceedings Pending proceedings that were heard, or partly heard, by a Full Bench of the Commission in Court Session before the abolition day may continue to be dealt with and determined by a Full Bench of the Commission in Court Session.
(3) The provisions of this Act and any other legislation or law that would have applied to or in respect of proceedings referred to in subclause (2) had the amending Act not been enacted continue to apply to those proceedings.
(4) Unheard proceedings The following provisions apply in respect of pending proceedings that had not commenced to be heard before the abolition day--(a) if the function of determining proceedings of the kind concerned becomes the function of the Supreme Court or the Court of Criminal Appeal on that day because of amendments made by the amending Act--the proceedings are taken, on and from that day, to have been commenced in the Supreme Court or the Court of Criminal Appeal (as the case requires) and may be heard and determined accordingly,(b) if the function of determining proceedings of the kind concerned becomes the function of the Commission other than in Court Session on that day because of amendments made by the amending Act--the proceedings are taken, on and from that day, to have been commenced in the Commission and may be heard and determined accordingly,(c) if the function of determining proceedings of the kind concerned becomes the function of the Commission in Court Session (constituted by a single judicial member) on that day because of amendments made by the amending Act--the proceedings are taken, on and from that day, to have been commenced in the Commission in Court Session and may be heard and determined by a single judicial member accordingly.
(5) The provisions of this Act and any other legislation (as amended by the amending Act) apply to and in respect of proceedings referred to in subclause (4).
(6) Definitions In this clause--
"abolition day" means the day on which Schedule 1 [6[#93] to the amending Act commences.
"amending Act" means the Industrial Relations Amendment (Industrial Court) Act 2013 .
(1) Subschedule 5.2 to the State Revenue and Other Legislation Amendment (Budget Measures) Act 2014 sets out the terms of the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 .
(2) On and from the commencement of Subschedule 5.2 to that Act--(a) the regulation set out in the subschedule is taken to be and has effect as a regulation validly made under section 146C of the Industrial Relations Act 1996 ,(b) Part 2 of the Subordinate Legislation Act 1989 does not apply to the regulation set out in the subschedule (but applies to any amendment or repeal of the regulation),(c) the regulation set out in the subschedule is taken, for the purposes of section 10 of the Subordinate Legislation Act 1989 , to have been published on the commencement of the subschedule,(d) sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the regulation set out in the subschedule (but apply to any amendment or repeal of the regulation),(e) section 146C (6) of the Industrial Relations Act 1996 applies to the regulation set out in the subschedule, and accordingly the regulation applies to proceedings that are pending in the Commission on the commencement of the subschedule (except as otherwise provided in the regulation).
In this Part--
"abolition day" means the day on which Part 3 of Chapter 4 is repealed by the
amending Act.
"amending Act" means the Industrial Relations Amendment (Industrial Court)
Act 2016 .
"Deputy President" of the Commission has the same meaning as it had
immediately before the abolition day.
"Industrial Court" means the Industrial Court of New South Wales as referred
to in section 151A immediately before the abolition day (also referred to in
this Act as the Commission in Court Session).
"judicial member" has the same meaning as it had immediately before the
abolition day.
"President" of the Commission has the same meaning as it had immediately
before the abolition day.
"Vice-President" of the Commission has the same meaning as it had immediately
before the abolition day.
(1) The Industrial Court is abolished on the abolition day.
(2) The abolition of the Industrial Court does not affect the continuation in existence of the Commission (except when constituted as the Industrial Court).
(1) On the abolition day, a person holding office as a judicial member immediately before that day ceases to hold that office and is, by this clause, appointed as a Judge of the Supreme Court (without the need for a commission to be issued).
(2) Subclause (1) does not extend to a Judge of the Supreme Court who is acting as a judicial member under section 151B (Supreme Court Judges may act as judicial members of the Commission in Court Session) immediately before the abolition day.
(3) A judicial member appointed by this clause as a Judge of the Supreme Court--(a) is to have seniority, rank and precedence as a Judge of the Supreme Court as if the date of the person's commission as a Judge of the Supreme Court were the date of the person's commission as a judicial member of the Commission, and(b) if the judicial member was also the President of the Commission--is to continue to be entitled to the same remuneration as the person received as President immediately before the abolition day until such time as the remuneration of a puisne Judge of the Supreme Court exceeds that remuneration.
(4) Service as a judicial member by a person appointed by this clause as a Judge of the Supreme Court is to be taken for all purposes (including for the purposes of the Supreme Court Act 1970 and the Judges' Pensions Act 1953 ) to be service as a Judge of the Supreme Court.
(5) The Governor may, on the recommendation of the Attorney General, issue an appropriate commission under the public seal of the State to a person who is to be (or has been) appointed by this clause as a Judge of the Supreme Court.
(6) The Attorney General is to make a recommendation under subclause (5) as soon as practicable after the publication of a proclamation under the amending Act that specifies the commencement date for the repeal of Part 3 of Chapter 4 of this Act.
(7) A commission may be issued under this clause before the abolition day, but must state that the person's appointment takes effect on the day that is the abolition day.
(8) This clause does not limit the application of section 8 of the Oaths Act 1900 to a person appointed by this clause as a Judge of the Supreme Court.Note : Section 8 of the Oaths Act 1900 requires a Judge of the Supreme Court to take the oath of allegiance and the judicial oath.
(9) Nothing in this clause prevents a person being appointed as a judicial officer of a different court or to a different office in the Supreme Court.
(1) On the abolition day--(a) the office of President of the Commission is abolished and replaced with the office of Chief Commissioner, and(b) the office of Vice-President of the Commission is abolished, and(c) the office of Deputy President of the Commission is abolished, and(d) the office of judicial member is abolished.
(2) A person who, immediately before the abolition day, held office as an Acting Deputy President of the Commission is taken to have been appointed as an Acting Commissioner for the remainder of the person's term of appointment.
(3) Anything done by the President of the Commission that, immediately before the abolition day, had effect under this Act continues to have effect as if it had been done by the Chief Commissioner.
(4) A person who ceases to hold an office by operation of this clause is not entitled to any remuneration or compensation because of the loss of that office.
(5) This clause does not limit the application of clause 62 to a person who is also a judicial member.
This Division does not limit section 53 of the Interpretation Act 1987 in its application to alterations made to legislation by the amending Act.
(1) In this Division--
"part heard proceedings" means pending proceedings where the court in which the proceedings were commenced had begun to hear (but had not determined) the proceedings before the abolition day.
"pending proceedings" are proceedings (including appeals) that--(a) were commenced before the abolition day, and(b) have not been finally determined before that day by the court in which the proceedings were commenced.Note : See subclause (2) as to the meaning of finally determined proceedings.
"successor court" , in relation to a former function of the Industrial Court, means--(a) if an amendment made by the amending Act has resulted in the function being conferred or imposed on the Supreme Court--the Supreme Court, or(b) if an amendment made by the amending Act has resulted in the function being conferred or imposed on the District Court--the District Court.
"Supreme Court" includes, where appropriate, the Court of Criminal Appeal.
"unexercised right" means a right (including a right exercisable only with leave) that--(a) was available to be exercised immediately before the abolition day, and(b) had not yet been exercised before that day.
"unheard proceedings" means pending proceedings that had not been heard before the abolition day by the court in which the proceedings were commenced.
(2) For the purposes of this Division, proceedings are not finally determined if--(a) any period for bringing an appeal as of right in respect of the proceedings has not expired (ignoring any period that may be available by way of extension of time to appeal), or(b) any appeal in respect of the proceedings is pending (whether or not it is an appeal brought as of right).
(3) To avoid doubt, this Division extends to proceedings before the President or a judicial member in exercise of any functions conferred or imposed on them by the Criminal Procedure Act 1986 in the same way as it applies to proceedings before the Industrial Court.
(1) Unheard proceedings in the Industrial Court are taken, on and from the abolition day, to have been duly commenced in the successor court for the function concerned and may be heard and determined instead by that court.
(2) In relation to part heard proceedings in the Industrial Court, the judicial member (or person acting as a judicial member) constituting the Industrial Court for those proceedings--(a) is to continue, on and from the abolition day, to hear the matter, and to determine the matter, sitting as the Supreme Court, and(b) may have regard to any record of the proceedings before the Industrial Court, including a record of any evidence taken in the proceedings before the Industrial Court.
(3) For the purposes of subclauses (1) and (2)--(a) the court determining the proceedings has and may exercise all the functions that the Industrial Court had immediately before its abolition, and(b) the provisions of any Act, statutory rule or other law that would have applied to or in respect of the proceedings had the amending Act not been enacted continue to apply.
(1) This clause applies to pending proceedings before the Supreme Court on an appeal against, or for the judicial review of, a decision of the Industrial Court.
(2) The Supreme Court may, on and from the abolition day, continue to deal with the proceedings until they are concluded.
(3) For this purpose--(a) the Supreme Court continues to have and may exercise all the functions that the Court had in relation to the proceedings immediately before the abolition day, and(b) the provisions of any Act, statutory rule or other law that would have applied to or in respect of the proceedings had the amending Act not been enacted continue to apply.
(4) Without limiting subclause (3), if the original powers of the Supreme Court included the power to remit the proceedings to be heard and decided again by the Industrial Court, the Supreme Court may determine the proceedings instead of remitting them.
(1) This clause applies to each of the following unexercised rights (an
"existing unexercised application or appeal right" )--(a) an unexercised right to apply to the Industrial Court for it to exercise a function,(b) an unexercised right to appeal to the Industrial Court against a decision of another person or body.
(2) A person who has an existing unexercised application or appeal right may apply or appeal to the successor body for the exercise of the same functions that could have been exercised by the Industrial Court to which the right relates had it not been abolished.Note : An application or appeal under this clause that would have required leave before the abolition day will still require such leave. Also, any time limits under existing law for making the application or appeal will continue to apply to applications or appeals under this clause. See subclause (3).
(3) For the purposes of subclause (2)--(a) the successor body has and may exercise all the functions that the Industrial Court would have had in relation to the application or appeal if it had been made before the abolition day (including any functions relating to the granting of leave to apply or appeal), and(b) the provisions of any Act, statutory rule or other law (including provisions concerning the time within which to apply or appeal) that would have applied to or in respect of the application or appeal had the amending Act not been enacted continue to apply.
(4) In this clause--
"cancellation function" means the cancellation of the registration of an association of employing contractors under section 334.
"successor body" means--(a) in relation to the exercise of a cancellation function--a Full Bench of the Commission, or(b) in relation to the exercise of any other function--the successor court for the function.
(1) This clause applies to an unexercised right to appeal against a decision of the Industrial Court to the Supreme Court (an
"existing unexercised appeal right" ).
(2) A person who has an existing unexercised appeal right may appeal against the decision of the Industrial Court to the Supreme Court.Note : An appeal under this clause that would have required leave before the abolition day will still require such leave. Also, any time limits under existing law for appealing will continue to apply to appeals under this clause. See subclause (3).
(3) For the purposes of an appeal made to the Supreme Court under this clause--(a) the Supreme Court continues to have and may exercise all the functions that the Court would have had if the appeal had been made to it before the abolition day (including any functions relating to the granting of leave to appeal), and(b) the provisions of any Act, statutory rule or other law (including provisions concerning the time within which to appeal) that would have applied to or in respect of such an appeal had the amending Act not been enacted continue to apply.
(4) Without limiting subclause (3), if the original powers of the Supreme Court included the power to remit the proceedings to be heard and decided again by the Industrial Court, the Supreme Court may determine the proceedings instead of remitting them.
(1) Subject to the regulations, a reference in any other Act, in an instrument made under any other Act or in any other document--(a) to the Industrial Court or the Industrial Relations Commission in Court Session--is to be read as a reference to the successor court for the function concerned, and(b) to the President, the Vice-President or a Deputy President of the Commission--is to be read as a reference to the Chief Commissioner, and(c) to a judicial member--is to be read as a reference to a Judge of the successor court for the function concerned.
(2) Subclause (1) extends to a reference in a provision of the former Industrial Relations Act 1991 (or the regulations under that Act) that continues to apply to a matter because of a provision of this Act or the regulations under this Act and, for that purpose, the successor court is taken to be the Supreme Court.
(3) Subclauses (1) and (2) do not apply to the following references in the following provisions--(a) a provision of the amending Act,(b) a provision of the Constitution Act 1902 or the Judges' Pensions Act 1953 ,(c) a provision of any other Act or instrument made under another Act that contains a reference inserted or substituted by, or retained despite, an amendment made to the provision by the amending Act,(d) a spent savings or transitional provision of any other Act or an instrument made under any other Act,(e) a provision of an Act, instrument made under an Act or any other document (or a provision belonging to a class of provisions) prescribed by the regulations.
(1) This clause applies in relation to the exercise of functions that, immediately before the abolition day, were conferred or imposed on judicial members in a personal capacity rather than as members of the Commission (that is, as persona designata).
(2) A judicial member (or acting judicial member) who was exercising a function to which this clause applies may complete the exercise of the function as if the amending Act had not been enacted.
(3) An application for the exercise of a function to which this clause applies that has not yet been dealt with may be exercised by a person to whom the function has been transferred by the amending Act as if it had been made under the relevant amended legislative provision.
(1) A person appointed as an arbitrator for a determination under section 90 of the Health Services Act 1997 before the abolition day ceases to hold that office on that day.
(2) Accordingly, any arbitration that is uncompleted by the person immediately before the abolition day cannot be completed by the person.
(3) Nothing in this clause prevents another person from being appointed as an arbitrator for the determination under section 90 of the Health Services Act 1997 (as substituted by the amending Act).
(4) No compensation is payable to any person (including a person who ceases to hold office as an arbitrator) for any loss resulting from the operation of this clause.