Application of Industrial Relations Act
53 Application of Industrial Relations Act
The Industrial Relations Act 1988 applies in relation to industrial disputes in the Territory as if paragraph (a) of the definition of industrial dispute in subsection 4(1) were omitted and the following paragraph substituted:
“(a) an industrial dispute (including a threatened, impending or probable industrial dispute) that is about matters pertaining to the relationship between employers and employees; or”.
For the purposes of the application of the Industrial Relations Act 1988 under subsection (1), an industrial dispute in relation to the employment of persons employed for the performance of work wholly or mainly in the Territory shall be taken to be an industrial dispute in the Territory.
Until provision to the contrary is made by an Act, the powers of the Australian Industrial Relations 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.
Provision may be made by enactment for a member of the Australian Industrial Relations 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 Industrial Relations Act 1988 prevents a member of the Commission from accepting appointment or performing duties as, or as a member of, such a tribunal.
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.
Subsection (5) does not prevent the making of:
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
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.
Where an enactment, or a determination referred to in paragraph (6)(b), that came or comes into operation on or after 1 July 1978 is inconsistent with:
an award or order made under the Industrial Relations Act 1988; or
an award or order made, whether before or after the commencement of this section, under the Conciliation and Arbitration Act 1904;
the award or order prevails and the enactment or determination is, to the extent of the inconsistency, invalid.
Postal Services Act 1975
Division 8 of Part V
Repeal the Division.
Public Service Act 1922
Before paragraph (b) of the definition of industrial award in subsection 7(1)
Insert the following paragraph:
an award under the Industrial Relations Act 1988;
Subsection 7(1) (paragraph (a) of the definition of relevant staff organization)
Omit “registered under the Conciliation and Arbitration Act 1904”, substitute “an organisation within the meaning of the Industrial Relations Act 1988”.
Subsection 9(3A)
Omit the subsection.
Paragraph 61(3)(a)
Omit the paragraph, substitute the following paragraph:
to an organisation specified by the officer, being an organisation within the meaning of the Industrial Relations Act 1988; or
Remuneration Tribunals Act 1973
Title
Omit all the words after “establish”, substitute “a tribunal in relation to the remuneration and allowances of the holders of certain public and other offices, and for related purposes”.
Short title
Omit “Tribunals”, substitute “Tribunal”.
Subsection 3(1)
Insert the following definitions:
Commonwealth higher education institution means a higher education institution established by or under a law of the Commonwealth or of a Territory (other than the Northern Territory).
executive education office means an office of:
the Vice‑Chancellor, or Deputy Vice‑Chancellor, of the Australian National University;
the Principal, or Deputy Principal, of the Canberra College of Advanced Education; or
the Principal, or Deputy Principal, of the Australian Maritime College.
higher education institution means an institution that is a higher education institution within the meaning of the Employment, Education and Training Act 1988 (other than an institution declared by the regulations not to be a higher education institution for the purposes of this Act), and includes any other institution declared by the regulations to be a higher education institution for the purposes of this Act.
Subsection 3(1) (definition of institution of tertiary education)
Omit the definition.
Paragraph 3(4)(fa)
Omit “or”
After paragraph 3(4)(fa)
Insert the following paragraph:
an executive education office; or
Paragraph 3(4)(q)
Omit “an institution of tertiary education”, substitute “a higher education institution (other than an executive education office)”.
After subsection 6(2)
Insert the following subsection:
The Tribunal shall, from time to time as provided by this Part, inquire into, and report to the Minister on, the rates of salaries, in relation to Vice‑Chancellors, Principals, Chief Executive Officers and Deputy Chief Executive Officers, of higher education institutions (other than Commonwealth higher education institutions), that should be used as a basis for making grants in relation to recurrent expenditure in connection with those institutions, and the dates as from which those rates of salaries should be so used.
Subsection 6(3)
Omit “or (2)”, substitute “, (2) or (2A)”.
Paragraph 7(9)(ac)
Omit “and”.
After paragraph 7(9)(ac)
Insert the following paragraph:
in the case of remuneration or allowances payable to a person who holds an executive education office in a Commonwealth higher education institution, where the institution has funds under its control that are lawfully available to pay the remuneration or allowances—be paid in accordance with the determination out of those funds; and
Paragraph 8(1)(a)
Omit “and (2)”, substitute “, (2) and (2A)”.
Part III
Repeal the Part.
Seat of Government (Administration) Act 1910
Section 5
Repeal the section, substitute the following section:
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