1Short title [see Note 1]
This Act may be cited as the Industrial Relations (Consequential Provisions) Act 1988.
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This Act may be cited as the Industrial Relations (Consequential Provisions) Act 1988.
Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
The remaining provisions of this Act commence on the commencement of section 8 of the Industrial Relations Act 1988.
The Acts specified in Schedule 1 are repealed.
Unless the contrary intention appears, expressions used in this Act that are also used in the Industrial Relations Act 1988 have the same respective meanings as they have in that Act.
In this Act, unless the contrary intention appears:
commencement means the commencement of section 8 of the Industrial Relations Act.
Court means the Federal Court of Australia.
former Commission means the Australian Conciliation and Arbitration Commission.
former Industrial Registrar means the Industrial Registrar, or a person acting as Industrial Registrar, under the previous Act.
former Registrar means a Registrar (including the former Industrial Registrar), or a person acting as such a Registrar, under the previous Act.
Industrial Relations Act means the Industrial Relations Act 1988, and includes the regulations made under that Act.
new Commission means the Australian Industrial Relations Commission.
new Presidential Member means the President, the Vice President, a Senior Deputy President or a Deputy President of the new Commission.
previous Act means the Conciliation and Arbitration Act 1904, and includes any other Act so far as the other Act affects the operation of that Act and the regulations made under that Act.
An organisation that was, immediately before the commencement, registered under the previous Act:
shall be taken to become registered under the Industrial Relations Act on the commencement; and
shall be taken to be, and to have been at all times while registered under the previous Act, a body corporate.
The rules of the organisation as in force immediately before the commencement continue in force after the commencement, but may be altered under the Industrial Relations Act.
Where the registration of an organisation was cancelled under the previous Act before the commencement, the provisions of the previous Act continue to apply in relation to the cancellation as if the previous Act had not been repealed.
An award or order in force under the previous Act immediately before the commencement continues in force after the commencement, subject to the Industrial Relations Act, as if it were an award made under the Industrial Relations Act.
A decision in force under the previous Act immediately before the commencement continues in force after the commencement, subject to the Industrial Relations Act, as if it were a decision made under the Industrial Relations Act.
An award of the Flight Crew Officers Industrial Tribunal continued in force by subsection (1) remains binding, subject to the Industrial Relations Act, on the persons who would have been bound by the award if the previous Act had not been repealed.
An award made by the former Commission under:
Division 4 of Part IV of the Australian National Railways Commission Act 1983;
Division 7 of Part III of the Commonwealth Teaching Service Act 1972;
Division 8 of Part V of the Postal Services Act 1975; or
Division 8 of Part V of the Telecommunications Act 1975;
that was in force immediately before the commencement continues in force after the commencement, subject to the Industrial Relations Act, as if it were an award made under the Industrial Relations Act.
Where, immediately before the commencement, there was in force:
an agreement under section 31 of the Australian Federal Police Act 1979; or
a determination by the Federal Police Arbitral Tribunal under Division 2 of Part V of that Act;
the agreement or determination continues in force after the commencement, subject to the Industrial Relations Act, as if it were an award made under the Industrial Relations Act.
Where a determination within the meaning of section 43 of the Conciliation and Arbitration Amendment Act (No. 2) 1983 was, immediately before the commencement, in effect in accordance with subsection (2) of that section, the determination shall, for the purposes of subsection (1) of this section, be taken to be an award in force under the previous Act immediately before the commencement.
Where, immediately before the commencement:
a proceeding in a matter arising under the previous Act was pending in the Court; and
the hearing of the proceeding (other than any interlocutory hearing) had not started;
Part III of the Industrial Relations Act as modified by subsection (2) applies in relation to the proceeding as if the proceeding had been instituted under the Industrial Relations Act.
Part III of the Industrial Relations Act has effect for the purposes of subsection (1) as if:
the reference in paragraph 53(2)(a) of that Act to questions referred to the Court under section 46 or 82 of that Act included a reference to questions referred to the Court under section 107 or 112 of the previous Act;
the reference in paragraph 53(2)(b) of the Industrial Relations Act to matters in relation to which applications are made to the Court under section 153 of that Act included a reference to matters in relation to which the applications were made to the Court under section 108 of the previous Act;
the reference in paragraph 53(2)(c) of the Industrial Relations Act to matters in relation to which applications are made to the Court under section 294 of that Act included a reference to matters in relation to which applications were made to the Court under section 143 of the previous Act;
the reference in section 55 of the Industrial Relations Act to a judgment given in an inquiry referred to in section 219 or 253M of that Act included a reference to a judgment given in:
an inquiry in relation to which an application was lodged under section 159 of the previous Act; or
an inquiry into an amalgamation instituted under regulation 146ZA of the Conciliation and Arbitration Regulations;
the reference in paragraph 57(3)(a) of the Industrial Relations Act to a matter arising under section 46, 51, 61 or 82 of that Act included a reference to a matter arising under section 107, 109, 110 or 112 of the previous Act;
the reference in paragraph 57 (3) (a) of the Industrial Relations Act to a matter arising under Part IX (other than Subdivision G of Division 7 or Division 8) of that Act included a reference to a matter arising under Part VIII, VIIIA, VIIIAA or IX of the previous Act;
the reference in subsection 58(8) of the Industrial Relations Act to proceedings under section 56 included a reference to proceedings under section 113 of the previous Act; and
the reference in paragraph (a) of the definition of relevant proceeding in subsection 58(10) of the Industrial Relations Act to proceedings under section 46, 51, 61, 82 or 153 of that Act included a reference to proceedings under section 107, 108, 109, 110 or 112 of the previous Act.
This section has effect subject to Division 5.
Where, immediately before the commencement:
a proceeding in a matter arising under the previous Act was pending in the Court; and
the hearing of the proceeding (other than any interlocutory hearing) had started, but had not been completed;
the Court may complete the hearing and determination of the proceeding as if the previous Act had not been repealed.
This section has effect subject to Division 5.
An appeal lies, as if the previous Act had not been repealed, from a judgment of the Court given in a proceeding determined by the Court under section 9 of this Act, and the appeal shall be dealt with as provided by section 21 of this Act.
Where, immediately before the commencement, a proceeding before the former Commission or the Tribunal has not been completed, the proceeding shall be dealt with after the commencement by the new Commission.
Where the new Commission is dealing with a proceeding under subsection (1):
all documents filed or lodged in the proceeding with a former Registrar shall be transmitted to the Industrial Registrar;
any money lodged in relation to the proceeding with a former Registrar shall be transferred to the Industrial Registrar and dealt with as if it had been lodged with the Industrial Registrar;
all things done in relation to the proceeding in the former Commission or the Tribunal shall be taken to have been done in relation to the proceeding in the new Commission; and
the new Commission shall have regard to the evidence given, the arguments adduced and any award, order or determination made in the proceeding before the commencement, to the extent that such evidence, argument, award, order or determination is relevant to the provisions under which the new Commission is dealing with the proceeding.
In this section:
proceeding includes a matter, or a question arising in a matter, referred to the former Commission under section 88E of the previous Act.
Tribunal means the Flight Crew Officers Industrial Tribunal.
Where:
before the commencement, a matter was submitted to the Tribunal under section 46 of the Australian Federal Police Act 1979; and
immediately before the commencement, the hearing of the matter had not started;
the matter shall, after the commencement, be dealt with by the new Commission under the Industrial Relations Act as if it were an alleged industrial dispute that had been notified under section 99 of that Act.
Where, immediately before the commencement, the hearing of a matter by the Tribunal had started but had not been completed, the matter shall, after the commencement, be dealt with by the new Commission under the Industrial Relations Act as if it were an industrial dispute within the meaning of that Act.
Where the new Commission is dealing with a matter under subsection (2):
all things done in relation to the matter in the Tribunal shall be taken to have been done in relation to the matter in the new Commission; and
the new Commission shall have regard to the evidence given, the arguments adduced and any award or determination made in the matter before the commencement.
The new Commission shall take possession of, and be entitled to the custody of, all documents that were in the possession or under the control of the Tribunal immediately before the commencement.
In this section, Tribunal means the Federal Police Arbitral Tribunal.
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