Section 197A — (Repealed) — Industrial Relations Act 1996 (New South Wales) — Barrister AI

Cases LegislationBeta Notebook Research Briefs

Section 197A — (Repealed) — Industrial Relations Act 1996 (New South Wales) — Barrister AI

All legislation

NSWAct

Current

Official source Save

Held text is as at 10 Oct 2026. Later incorporated or unincorporated amendments may not yet appear.Check the official source before relying on current wording →

Ask a question about this ActPro

s 1Name of Act s 2Commencement s 3Objects s 4Dictionary s 5Definition of employee s 6Definition of industrial matters s 7Definition of industry s 8Definition of industrial instrument s 9Notes in text s 9AEmployers declared not to be national system employers s 9BReferral of workplace relations matters to Commonwealth s 10Commission may make awards s 11When award may be made s 12Persons bound by award s 13Formal matters relating to making of award s 14Mandatory dispute resolution procedures in awards s 15Commencement of award s 16Term of award s 17Variation or rescission of award s 18Exemptions from awards s 19Review of awards s 20Consolidation of awards and rescission of obsolete awards s 20A(Repealed)s 21Conditions to be provided in awards on application s 22Maximum ordinary hours of employment s 23Equal remuneration and other conditions s 24Employment protection provisions s 25Provisions relevant to technological change s 26Minimum sick leave entitlements s 27Prohibition on cashing-in of accumulated sick leave s 28Other provisions not affected s 28ADefinitions s 29Making of enterprise agreements s 30Coverage of enterprise agreement s 31Parties to an enterprise agreement s 32Enterprise agreement required to be approved s 33Principles for approval of enterprise agreements s 34Application for approval of enterprise agreement s 35Approval of enterprise agreement by Commission s 36Special requirements relating to enterprise agreements to which employees are parties s 36ADetermination of comparable award for purposes of approval of agreement for employees without award coverage s 37Secret ballots under this Part s 38Form and content of enterprise agreement s 39Mandatory dispute resolution procedures in enterprise agreements s 40Persons bound by enterprise agreement s 41Enterprise agreements prevail over State awards s 42Term of enterprise agreement s 43Variation of an enterprise agreement s 44Termination of enterprise agreement s 45Register and publication of enterprise agreements s 46Notification of enterprise agreements to new employees s 47Enterprise agreement conditions—flow-on s 48What is a National decision?s 49What is a State decision?s 50Adoption of National decisions s 51Making of State decisions s 52Variation of awards and other orders on adoption of National decisions or making of State decisions s 53Employees to whom Part applies s 54Entitlement to unpaid parental leave s 55What is parental leave?s 56This Part provides minimum entitlements s 57Length of service for eligibility s 58Notices and documents required to be given to employer s 59Continuity of service s 60Parents not to take parental leave at the same time s 61Cancellation of parental leave s 62Parental leave and other leave s 63Employee and employer may agree to interruption of parental leave by return to work s 64Extension of period of parental leave s 65Shortening of period of parental leave s 66Return to work after parental leave s 67Employer’s obligations s 68Termination of employment because of pregnancy or parental leave s 69Replacement employees s 70Transfer to a safe job s 71Special maternity leave and sick leave s 72Special adoption leave s 72AAEmployees to whom Part applies s 72ABDefinitions s 72ACEntitlement to unpaid victims leave s 72ADPurposes for which victims leave may be taken s 72AENotices and documents required to be given to employer s 72AFReturn to work after victims leave s 72AGMiscellaneous provisions relating to victims leave s 73Employees to whom Part applies s 74What is part-time work?s 75This Part not to affect other entitlements to work part-time s 76Entitlement to work part-time with agreement of employer s 77Variation of part-time work agreements s 78Obligations of employer under part-time work agreements s 79Application of industrial instruments s 80Additional hours of work s 81Leave s 82Replacement employees s 83Application of Part s 84Application for remedy by dismissed employee s 85Time for making applications s 86Conciliation of applications s 87Arbitration where conciliation unsuccessful s 88Matters to be considered in determining a claim s 89Orders for reinstatement, re-employment, remuneration, compensation s 90Effect of availability of other remedies s 90AIndustrial agent must not represent an applicant or employer in proceedings unless there are reasonable prospects of success s 90BExtinguishment of rights and liabilities s 91Interpretation s 92Application of Part s 97Notice of certain decisions etc s 98Right of appeal s 99Alternative rights of appeal s 100Appealable decisions may be carried into effect despite right of appeal s 100ANotice of appeal s 100BTime for lodging appeal s 100CDecisions with respect to appeals s 100DOrders by Commission with respect to payment of salary and continuity of employment s 100EConciliation of disciplinary appeals s 100FPowers when appeal settled by conciliation s 100GPresentation of cases s 100H(Repealed)s 101Definitions s 102Continuity of service for determining entitlements s 103Entitlements when industrial instrument or legislation contravened s 104Prevention of double entitlement s 105Definitions s 106Power of Commission to declare contracts void or varied s 107Orders to prevent further unfair contracts s 108Who may apply for order s 108AEmployment contracts in respect of which applications cannot be made s 108BTime for making application s 109Conciliation of applications to be attempted first s 109AExclusion of certain contracts in connection with unfair dismissals s 110Application of Division s 111Division applies only if Commission declares contract unfair s 112Commission may determine remuneration under unfair contract s 113Notice of possible order s 114Time at which order takes effect s 115Incorporation of order in contract and other contracts s 116Variation or revocation of order s 117Employees to be paid in money s 118Employees to be paid in full s 119Employer not to stipulate how remuneration to be spent s 120Recovery of remuneration—no set-off or action for goods or services supplied by employer s 121Unauthorised payments—civil effect s 122Payment of unclaimed remuneration s 123Particulars of remuneration to be supplied to employees s 124Superannuation fund contributions s 125Permits—special wage payments s 126Stand-down orders—suspension of payment of remuneration s 127Liability of principal contractor for remuneration payable to employees of subcontractor s 127A-127G127A–127G (Repealed)s 128Minimum remuneration for musicians s 129Records to be kept by employers concerning employees s 129ADefinitions s 129BOutworkers in clothing trades employed by constitutional corporations s 129CApplication of certain enforcement provisions s 129DClaims by outworkers in clothing trades for unpaid remuneration s 129ELiability of apparent employer for unpaid remuneration for which an unpaid remuneration claim has been made s 129FLiability of actual employer for unpaid remuneration for which an unpaid remuneration claim has been made s 129GRecovery of amount of unpaid remuneration s 129HOffences relating to unpaid remuneration claims and referred claims s 129IEffect of this Part s 129JRelationship of this Part to Industrial Relations (Ethical Clothing Trades) Act 2001 s 129KApplication of chapter s 129LPrinciples of mutual gains bargaining s 129MMeaning of “good faith” in mutual gains bargaining s 129NNotification of intention to commence mutual gains bargaining s 129OFacilitator for mutual gains bargaining s 129PProvisions applying if mutual gains bargaining unresolved s 129QApplication of Chapter 3 after mutual gains bargaining s 130Notification of industrial dispute to Commission s 131Mandatory dispute resolution procedures to be followed first s 132Compulsory conference s 133Conciliation before arbitration s 134Conciliation of dispute s 135Arbitration after attempted conciliation s 136Arbitration of dispute s 136ACivil penalty for breach of final order s 137Kinds of dispute orders s 138Making of dispute orders s 139Contravention of dispute order s 140Actions in tort to which Part applies s 141Actions in tort while Commission attempting to conciliate dispute not actionable s 142Injunction not to be granted while industrial tort not actionable s 143Strike pay prohibited s 144Determination of demarcation questions concerning occupations s 144ADefinitions s 144BApplication of part s 144CDefinition of bullied at work s 144DApplication for stop bullying orders s 144EConciliation of applications s 144FArbitration where conciliation unsuccessful s 144GStop bullying orders s 144HContravention of stop bullying order s 144IMultiple actions under anti-discrimination laws not permitted s 144JActions under work health and safety laws permitted s 144KDefinitions s 144LDefinition of sexual harassment s 144MApplication of part s 144NProhibition on sexual harassment in connection with work s 144OVicarious liability s 144PApplication for Commission to deal with sexual harassment in connection to work s 144QTime limit for making applications s 144RConciliation of applications s 144SArbitration where conciliation unsuccessful s 144TSexual harassment orders s 144UContravention of sexual harassment order s 144VMultiple actions under anti-discrimination laws not permitted s 144WActions under work health and safety laws permitted s 145Establishment of Commission s 146General functions of Commission s 146A(Repealed)s 146BCommission may exercise certain dispute resolution functions under federal enterprise agreements s 146C(Repealed)s 146DCommission has no jurisdiction in respect of death and disability payments for police officers s 146EMatters concerning injured workers s 147Membership of Commission s 148Appointment of members of the Commission s 149Judicial members s 150Provisions relating to members of Commission s 151Judicial members to constitute Commission in Court Session s 151AName of Commission in Court Session to be Industrial Court of New South Wales s 152Commission in Court Session is superior court of record s 153Jurisdiction of Commission in Court Session s 154Declaratory jurisdiction s 155Constitution of Commission for exercise of functions s 156Full Bench of Commission s 157Regional matters s 158Matters relating to general award review or discrimination in workplace s 159Arrangement of business s 160Delegation by President s 161Annual report s 162Procedure generally s 162ATransfer of certain proceedings to Industrial Local Court Judges s 162BExercise of Commission’s functions by Industrial Registrar and Registry officers s 163Rules of evidence and legal formality s 164Powers of Commission as to the production of evidence and perjury s 164APowers of Commission as to the disclosure of matters before the Commission s 165Issue of summons s 166Representation of parties s 167Intervention by Minister, ADB and State peak council s 168Criminal procedure s 169Anti-discrimination matters s 170Amendments and irregularities s 171Power to impose conditions s 172Power to order secret ballot s 173Members who may exercise arbitration powers after attempted conciliation s 174Powers when application settled by conciliation s 175Powers of interpretation s 176Reconstitution of Commission during hearing s 177Commission may reserve decision s 178Commission divided in opinion s 178A, 178B(Repealed)s 179Finality of decisions s 180Contempt of Commission—offence s 181Costs s 181AObligation to disclose costs to clients and Commission s 182Recovery of amounts ordered to be paid s 183Regulations about fees s 184Power of entry of members of Commission and other authorised officers s 185Rules of Commission s 185APractice notes s 185BCommission may dispense with rules in particular cases s 185CCommission may give directions in circumstances not covered by rules s 186Establishment and procedure of the Rule Committee of the Commission s 187Appeal to Full Bench from decision of Commission s 188Appeals to Full Bench by leave only s 189Time and procedure for making appeals s 190Stay of decision appealed against s 190AInterlocutory and other matters in proceedings on appeal s 191Nature of appeal s 192Powers on appeal s 193References by members to Full Bench s 194Appeal from Industrial Registrar to Commission s 195Reference by, or removal from, Industrial Registrar to Commission s 196Appeals from and references by members of Commission in criminal proceedings s 197Appeals from Local Court s 197A(Repealed)s 197BAppeals on questions of law in relation to public sector promotional and disciplinary matters s 198Establishment of Industrial Committees s 199Functions of Industrial Committee s 200Duration and dissolution of Industrial Committees s 201Provisions relating to members and procedure of Industrial Committees s 202Definitions s 203Referral of matter by Federal President to State Commission s 204Referral of matter by State President to Federal Commission s 205Joint proceedings s 206Dual Federal and State appointments of members s 206ADefinitions s 206BJoint proceedings s 206CNSW Commission may exercise functions conferred under industrial law of another State s 207Appointment of Industrial Registrar and staff s 208Functions of Industrial Registrar and Deputy Industrial Registrar s 208ANSW industrial relations website s 208BWhen matter is published on NSW industrial relations website s 208CEvidence of publication s 209ADefinition s 209Freedom of association s 210Freedom from victimisation s 211No preference to members of employee organisations over non-members s 212Conscientious objection to membership of organisation s 213Enforcement s 213AMultiple actions under anti-discrimination laws not permitted s 214Application of Part s 215State peak council—employees s 216State peak councils—employers s 217Organisations capable of applying for registration s 218Criteria for registration s 219Applications for registration s 220Objections to registration s 221Registration s 222Incorporation of State organisations on registration s 223Continuation of registration of existing industrial organisations s 224Registered office of organisation s 225Institution of proceedings for cancellation of registration s 226Grounds on which registration may be cancelled s 227Cancellation of registration of industrial organisation s 228Consequences of cancellation s 229Alteration of rules (instead of cancellation of registration) of organisation s 230Suspension or other orders where cancellation of registration deferred s 231Commission may make necessary ancillary or consequential orders s 231A(Repealed)s 232Cancellation or other order to be recorded s 233Application of Part to State organisations s 234State organisations to have rules s 235General requirements for rules of State organisations s 236Rules to specify name, purposes and conditions of eligibility for membership s 237Rules to provide for procedural and administrative matters s 238Rules to provide for elections for offices s 239Rules may provide for elections for offices in State branch of Federal organisation to be elections for purposes of State organisation s 240Rules to provide for electoral system s 241Rules to provide for terms of office s 242Rules may provide for filling of casual vacancies s 243Rules to provide conditions for loans, grants and donations by State organisations s 244Industrial Registrar may determine alterations of rules s 244AIndustrial Registrar may determine alterations of rules where breach of demarcation undertaking s 245Alteration of rules of State organisation s 246Change of name of State organisation s 247Rules contravening the requirements for rules under this Part s 248Directions for performance of rules s 249Regulations s 250Offences in relation to elections s 251Cost of elections s 252Application for inquiry concerning irregularity in election s 253Action by Industrial Registrar s 254Inquiry by Commission s 255Interim orders s 256Procedure at inquiry s 257Functions and powers of Commission at inquiry s 258Validity of certain acts where election declared void s 259Costs in relation to inquiries s 260Entitlement to membership of State organisations s 261Request by member for statement of membership s 262Request by member for copy of rules s 263Copies of report and audited accounts to be provided to members and presented to meetings s 264Resignation from membership s 265Mortality fund s 266Enforcement s 267Acting dishonestly to deceive or defraud s 268Use of position for profit s 269Officer to disclose interest s 270Compensation to State organisation s 270ANotification of allegations of misconduct s 271Operation of Division s 272Interpretation s 273Certain persons disqualified from holding office in State organisations s 274Application for leave to hold office in organisations by prospective candidate for office s 275Application for leave to hold office in organisations by office holder s 276Commission to have regard to certain matters s 277Action by Commission s 278Records to be kept and lodged by organisations s 279Directions by Industrial Registrar concerning maintenance of register of members s 280Organisations to notify particulars of loans, grants and donations s 281Waiver of requirement to keep records s 282Regulations s 283Regulations s 284Definitions s 285Validation of certain acts done in good faith s 286Validation of certain acts after 4 years s 287Order affecting application of section 285 or 286 s 288Commission may make orders in relation to consequences of invalidity s 289Application for membership of organisation by person treated as having been a member s 290No challenge to dual membership with Federal organisation s 290AAmalgamations s 290BCommission may order reconstitution of organisation or branch etc s 290CProvision of assistance to administrator s 290DLiability relating to administration s 290EPower of Industrial Registrar to initiate elections s 290FApplication to organisations with federal links s 290GValidation of elections s 291Regulations applying Part 4 s 292Documents to be lodged with Industrial Registrar s 293Cancellation of registration or other penalty for contravention of this Part s 294Determination of demarcation questions concerning interests of industrial organisations of employees s 295Demarcation orders—coverage of industrial organisations of employees s 296Definitions s 297Right of entry for discussion with employees s 298Right of entry for investigating breaches s 299Provisions relating to authorities issued to officers s 300No entry to residential premises without permission s 301Offences s 302Powers of Commission s 303Meaning of “trade union”s 304Illegality on grounds of restraint of trade excluded s 305Certain agreements not affected s 305AObjects of chapter s 306Contracts to which Chapter applies s 307Contract of bailment—meaning s 308Bailor—meaning s 309Contract of carriage—meaning s 310Principal contractor—meaning s 310AAuthorisations for purposes of Competition and Consumer Act 2010 of the Commonwealth s 310BExtension of application of chapter to certain transport sector gig worker contracts s 310CMeaning of “digital labour platform”s 311Applications to exercise functions s 312Jurisdiction of Commission with respect to contracts of bailment s 313Jurisdiction of Commission with respect to contracts of carriage s 314Jurisdiction with respect to reinstatement of contracts s 315Conference to precede contract determination s 316Making of contract determinations s 317Binding force of determination s 318Commencement of determination s 319Term of determination s 320Variation or rescission of determinations s 321Exemptions from determinations s 321AApplications to make contract determinations—proposed Fair Work Commission minimum standards orders pending s 322Agreements concerning contract conditions s 322ACommission to assist bargaining s 323Contract agreement required to be approved s 324Application for approval of contract agreement s 325Approval of contract agreement by Commission s 325ASpecial requirements relating to contract agreements to which groups of carriers are parties s 326Persons bound by contract agreement s 327Contract agreements prevail over contract determinations s 328Term of contract agreement s 329Variation of a contract agreement s 330Termination of contract agreement s 331Register and publication of contract agreements s 331AApplication of contract agreement to successor principal contractors s 332Compulsory conference with respect to disputes s 333Associations of employing contractors s 334Cancellation of registration s 335Associations of contract drivers and contract carriers s 336Objections to registration of drivers’ and carriers’ associations s 337Grant or refusal of applications s 338Withdrawal or cancellation of registration s 339Demarcation questions relating to associations s 340Change of name or amalgamation of associations s 341Certificates of registration etc s 342Registers to be kept s 343Application of certain provisions for the purposes of this Chapter s 344Interpretation of applied provisions s 345Definitions s 346Claim for compensation s 347Contract of Carriage Tribunal s 348Compulsory conference with respect to claims s 349Arbitration of claim s 350Appeal from Tribunal to Full Bench of Commission s 351General procedure and powers of Tribunal s 352Voting by members of Tribunal s 353Costs s 354Representation of parties s 355Contracting out prohibited in certain circumstances s 355AInvolvement in contravention treated in same way as actual contravention s 355BContract determinations and contract agreements must include provisions dealing with tolls and routes s 355CDispute resolution where proposed Fair Work Commission minimum standards orders pending s 356Definition s 357Civil penalty for breach of industrial instruments s 358Related proceedings for recovery of remuneration and other money s 359(Repealed)s 360Advertisements that contravene industrial instruments s 361Exhibition of industrial instruments in workplace s 362Power to amend proceedings s 363Secretary or agent of union receiving money for certain contraventions s 364Definitions s 365Order for recovery of remuneration and other amounts payable under industrial instrument s 366Order for recovery of over-award payments under contract of employment s 367Order for recovery of payments not fixed by industrial instruments s 368Order for recovery of unpaid superannuation s 369Application for order s 370Making of order s 371Conciliation to be attempted before order made s 372Order for interest s 373Order for costs s 374Power to amend application s 375Recovery of amounts ordered to be paid s 376Alternative proceedings for debt recovery in other courts s 377Age of claimant not a bar s 378Payment where employee represented by industrial organisation s 379Small claims procedures s 380Small claims during other Commission hearings s 381Appointment of Industrial Local Court Judges s 382Jurisdiction of Industrial Local Court Judges s 383Procedure s 383ARecovery of amount ordered to be paid by Industrial Local Court Judge under other legislation s 384Appointment of inspectors s 385Inspectors’ powers—employer breaches s 385AInspectors’ powers—misconduct offences s 385BReceipts for seized things s 386No entry to residential premises without permission or search warrant s 387Offences relating to obstruction etc of inspectors s 388Search warrant s 389Disclosure of information s 390Evidence of an industrial instrument or order s 391Evidence of registration of industrial organisation s 392Evidence of rules of industrial organisation s 393Evidence of membership of, or office in, industrial organisation s 394List of officers to be evidence s 395Trade and other financial secrets tendered as evidence s 396Penalty notices s 397Nature of proceedings for offences s 398Time for instituting proceedings s 399Authority to prosecute s 399APayment of penalties s 400ADefinitions s 400BApplication of division s 400CContravention of civil penalty provision s 400DCivil penalty orders s 400EApplication for civil penalty orders s 400FTime limit for applications s 400GProcedure and evidence s 400HPayment and recovery of penalty s 400IInjunctions to restrain further contraventions s 400JCosts s 400KApplication of criminal procedures for civil penalty proceedings s 400LCivil double jeopardy s 400MCivil proceedings after criminal proceedings s 400NCriminal proceedings during civil proceedings s 400OCriminal proceedings after civil proceedings s 400PEvidence given in civil penalty proceedings not admissible in criminal proceedings s 400Offences and contraventions by corporation s 401Proceedings by and against unincorporated associations s 402Recovery of penalty by appointment of receiver s 403(Repealed)s 404Act binds the Crown s 405Relationship between Act and Police Act 1990 s 406Awards and other industrial instruments provide minimum entitlements s 406ACosts agreements s 407Regulations s 408Repeal of Industrial Relations Act 1991 No 34 and regulations s 409Savings, transitional and other provisions s 410(Repealed)s 411Review of Act s 412, 413(Repealed)s 1Persons to be treated as employees s 2Definitions s 3Substitution of employer s 1Acting President s 2Acting Deputy Presidents and Acting Commissioners s 3Acting judicial members s 4Age of judicial members s 5Age of members other than judicial members s 6Oaths s 7Status, remuneration etc of judicial members s 8Protection and immunities of other members s 9Remuneration of other members s 10Vacancy in office of member s 10AFormer members may complete unfinished matters s 11Seniority of members s 12Leave for members s 13Superannuation and leave—preservation of rights s 1Definitions s 2Allowances for nominee members s 3Deputy nominee members s 4Vacation of office by nominee members s 5Oaths s 6Notices of appointment or termination s 7Continuation of hearing s 8Procedure and powers of Committees s 9Meetings of Committees s 1Definitions s 2Regulations s 3Existing awards s 4Existing exemptions s 5Pending applications s 6Continuation in force of existing enterprise agreements s 7Continuation in force of existing former industrial agreements s 8Variation of existing agreements s 9Termination of existing agreements s 10Effect of existing agreement s 11Persons bound by existing agreement s 12Things done under previous parental leave provisions s 13Pregnancy/birth/adoption before commencement of this Act s 13AParental leave for casual employees—Industrial Relations Amendment Act 2000 and Industrial Relations Amendment (Casual Employees Parental Leave) Act 2001 s 13BAdoption leave—Industrial Relations Amendment (Adoption Leave) Act 2003 s 14Transitional provision consequent on prohibition on cashing-in of accumulated sick leave in 1993 s 15Basic wage s 16Saving for existing part-time work agreements s 17Saving for pending application for unfair dismissals s 17AFederal award employees s 17BIndustrial agents s 18Saving for pending application for reinstatement of dismissed injured employee s 19Protection of accrued entitlements on transfer of business s 19ATransitional provision consequent on changes to unfair contracts jurisdiction s 19BTransitional provision relating to unfair contracts arising from 2005 amending Act s 20Saving of existing permits for under-award pay for impaired workers s 21Pending industrial disputes s 21ARepresentation of parties s 22Abolition of 1991 Act Commission and appointment of members to new Commission s 23Abolition of Industrial Court and appointment of Judges as judicial members of new Commission s 24Provisions relating to Judges of former Industrial Court taken to be judicial members s 25Provisions relating to Presidential members of former 1991 Act Commission (other than Judges) taken to be appointed as Presidential members of new Commission s 26Provisions relating to Conciliation Commissioners taken to be appointed as Commissioners of new Commission s 27Conciliation and other Committees s 28Industrial Registrar, Deputy Industrial Registrar, inspectors and other staff s 29Issue of replacement commission s 30Transitional arrangements pending making of rules of Commission s 31Pending proceedings under 1991 Act s 31ACosts agreements s 31BFinality of decisions s 31CTransitional arrangements relating to Industrial Gazette s 32Union officials’ rights of entry—saving of existing authorities s 33Contract determinations s 34Continuation in force of existing contract agreements s 35Previous extension of Chapter 6 from motor lorries to motor vehicles s 36Extension of Chapter 6 from motor vehicles to bicycles s 37Continuation of registration of existing associations s 38Transitional—provisions relating to termination of head contracts of carriage s 39Chief and other Industrial Magistrates s 40Construction of superseded references s 41Orders s 42Expiration of current period s 43General saving s 44Validation of exercise of jurisdiction by Industrial Magistrates s 44ADefinitions s 44BApplication of section 146A s 44CCertain agreed awards to have effect as enterprise agreements s 44DApplications to Commission concerning effect of clause 44C s 45Provision consequent on enactment of Coal Mine Health and Safety Act 2002 s 46Provision consequent on enactment of Industrial Relations Amendment (Public Vehicles and Carriers) Act 2003 s 47Provisions consequent on enactment of Courts Legislation Amendment Act 2003 s 48Provisions consequent on enactment of Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 s 49Definition s 50APEC public holiday s 51Day baking s 52Definitions s 53Promotion and disciplinary appeals made before repeal of GREAT Act s 54Non-operative awards s 55Certain awards taken to have been rescinded s 56Definition s 57Application of amendments s 58Application of amendments to pending proceedings s 59Re-making of regulation s 60Definitions s 61Abolition of Industrial Court s 62Judicial member to become Judge of Supreme Court on abolition day s 63Renaming and abolition of certain offices s 64Relationship of Division with Interpretation Act 1987 s 65Interpretation s 66Pending proceedings before Industrial Court s 67Pending proceedings before Supreme Court concerning Industrial Court s 68Certain unexercised rights to apply or appeal to Industrial Court may be exercised in successor body s 69Certain unexercised rights to appeal against decisions of Industrial Court may continue to be exercised s 70Construction of superseded references s 71Functions of judicial members conferred or imposed in their personal capacities s 72Arbitrators under Health Services Act 1997 s 73Definitions s 74Renaming of office s 75Relationship of division with Interpretation Act 1987 s 76Interpretation s 77Pending proceedings before courts s 78Construction of superseded references s 79Definitions s 80Appeals from Local Court s 81Definition s 82Conciliation of disputes s 83Arbitration of disputes s 84Onus of proof for victimisation s 85Increase to small claims threshold s 86Relationship between Act and Police Act 1990 s 87References in Schedule 6 to amended or omitted provisions s 88Meaning of “contract of carriage”—s 309 s 89Review of amendments to Act s 90Information about gender equality in mutual gains bargaining and disputes s 91Definitions s 92Abolition of former offices and appointment to new offices s 93Abolition of former offices has no effect on proceedings s 94Continuing effect of things done before commencement of amending Act s 95Continuation of positions relating to former offices s 96Judicial oaths s 97Construction of references to retired office holders s 98Construction of references to former offices s 1Definitions s 1AMeaning of “removed person”s 2Administration of CFMEU, C & G Division s 3Minister must appoint administrator of CFMEU, C & G Division s 4When administration order takes effect s 5Functions of administrator s 6Variation or revocation of administration orders s 7Expenses of administrator s 7AComplaints procedure s 8Section 290B does not apply to administrator exercising functions under schedule s 9Provision of assistance to administrator s 10Application of liability provisions s 10ARestriction on persons removed from office being officers or employees s 10BCertificate to hold office s 11Anti-avoidance provision s 12Interaction with rules s 13Actions under scheme s 14Contravention of clauses 9 and 11 s 15Alteration of rules under administration scheme s 16Proceedings for contravention of civil penalty provision s 16AReporting by administrator s 17Regulation-making power s 18Repeal of certain provisions s 1Definitions s 2Applications for withdrawal s 3Industrial Court to make withdrawal orders s 4Office holders to take necessary steps to effect withdrawal s 5Industrial Court may resolve difficulties s 6No breach of CFMEU NSW rules s 7CFMEU NSW not to penalise protected persons s 8Application of part s 9Registration s 10Membership s 11Rules and office holders s 12Alteration of eligibility rules of CFMEU NSW s 13Definition s 14Application of part s 15Assets, rights and liabilities s 16References in instruments and documents s 17Proceedings s 18Variation of contracts and instruments s 19Transfer of interests in land s 20Confirmation of vesting s 21No compensation payable s 22Certification to registration authorities s 23State tax not payable s 24Operation of part s 25Validation of certain acts done in good faith s 26Validation of certain acts after 4 years s 27Orders affecting validation provisions if validated act unjust s 28Orders relating to consequences of invalidity s 29Regulations s 30Repeal of schedule s Application of ScheduleApplication of Schedule DictionaryDictionary

Section Whole Act

Back276 / 735Forward

197A

(Repealed)

Repealed

197A (Repealed)

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

Previouss 197Appeals from Local Court Nexts 197BAppeals on questions of law in relation to public sector promotional and disciplinary matters