Continuity of office—Industrial Relations Commission and Industrial Court
2D Continuity of office—Industrial Relations Commission and Industrial Court
On and from the abolition of the offices of President of the Industrial Relations Commission (IRC President), Vice-President of the Commission (IRC Vice-President), Deputy President of the Commission (IRC Deputy President) and judicial member of the Commission (IRC judicial member):
for a retired or deceased IRC President—the office of Chief Judge of the Land and Environment Court (or, if that office is abolished, a comparable judicial office) is to be treated as the judicial office of equivalent status to the office of IRC President in determining the notional judicial salary under this Act for the former IRC President, and
for a retired or deceased IRC Vice-President, IRC Deputy President or IRC judicial member (except if the person was also the IRC President)—the office of puisne Judge of the Supreme Court is to be treated as the judicial office of equivalent status to any of those abolished offices in determining the notional judicial salary under this Act for a former holder of any of the abolished offices.
Note—
Part 18 of Schedule 4 to the Industrial Relations Act 1996 (as inserted by the Industrial Relations Amendment (Industrial Court) Act 2016) abolished the Industrial Court and the offices of IRC President, IRC Vice-President, IRC Deputy President and IRC judicial member. It appointed the incumbent IRC President (who was also an IRC judicial member) as a Judge of the Supreme Court and preserved the person’s final remuneration as IRC President until the remuneration of a puisne Judge of the Supreme Court exceeded that remuneration. It also provided that the IRC President’s service as an IRC judicial member was to count towards his service as a Judge of the Supreme Court for all purposes (including this Act).
Subsection (1) extends to a retired or deceased former IRC President who was appointed as a Judge of the Supreme Court by Part 18 of Schedule 4 to the Industrial Relations Act 1996 if that person is entitled at the time of retirement or death to receive remuneration by reference to the person’s former office as IRC President instead of as a Judge of the Supreme Court.
To avoid doubt, any notional judicial salary for a retired or deceased IRC President who was also an IRC judicial member that was determined before the abolition of those offices is taken to have been validly determined for the purposes of this Act if it was determined by reference to the salary payable to a current IRC President rather than to a current IRC judicial member.
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