Industrial Relations Act 1996

Nothing in section 98 derogates from or otherwise affects any right of appeal a public sector employee may have, or other proceedings which may be instituted by the employee or on his or her behalf, under this or any other Act or law or any industrial award or agreement (whether enacted, existing or made before, on or after 1 July 2010) in respect of an appealable decision.

A public sector employee may not appeal to the Commission under section 98 in respect of an appealable decision if—

the employee has elected, in writing, to forgo a right of appeal under section 98 in respect of the decision, or

the employee makes an appeal or institutes other proceedings, or proceedings are instituted on the employee’s behalf, in respect of an appealable decision under an Act or law or an industrial award or agreement referred to in subsection (1).

If an employee appeals to the Commission under section 98 in respect of an appealable decision, the employee may not then, in respect of that decision, appeal or institute other proceedings or proceedings may not be instituted on his or her behalf under an Act or law or an industrial award or agreement referred to in subsection (1).