Pending industrial disputes
21 Pending industrial disputes
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).
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).
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.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.