Section 56 — Definition — Industrial Relations Act 1996 (New South Wales) — Barrister AI

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Section 56 — Definition — Industrial Relations Act 1996 (New South Wales) — Barrister AI

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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s 18Exemptions from awards s 19Review of awards s 20Consolidation of awards and rescission of obsolete awards s 20A(Repealed)s 21Conditions to be provided in awards on application s 22Maximum ordinary hours of employment s 23Equal remuneration and other conditions s 24Employment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

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Definition

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56 Definition

In this Part—

the amending Act means the Industrial Relations Amendment (Industrial Organisations) Act 2012.

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