Fair Work Regulations 2009

After the transition time, a preserved affected person may institute proceedings in a court in relation to conduct occurring before that time:

if the person were a national system employer at the time of the conduct—as if the person were still a national system employer; or

if the person were a national system employee at the time of the conduct—as if the person were still a national system employee; or

if the person is an employer organisation, and the employer in respect of which the proceedings are instituted was a national system employer at the time of the conduct—as if that employer were still:

a national system employer; and

a member, in the employer’s capacity as a national system employer, of the organisation; or

if the person is an employee organisation, a registered employee association or an industrial association, and the employee in respect of which the proceedings are instituted was a national system employee at the time of the conduct—as if:

that employee were still a national system employee; and

the industrial interests of that employee, in the employee’s capacity as a national system employee, were still represented by the employee organisation, registered employee association or industrial association (as applicable).

Conduct includes an omission: see the definition of conduct in section 12 of the Act.

After the transition time, a court may deal with or continue to deal with a matter (whether the matter was instituted by proceedings before or after the transition time) if:

the matter is relevant to a preserved affected person:

in or in relation to the person’s capacity (at the time of the conduct relevant to the matter) as a national system employer or national system employee; or

in respect of another person’s capacity (at the time of the conduct relevant to the matter) as a national system employer or national system employee; and

the court had jurisdiction, before the transition time, to deal with the matter.