Industrial Relations Act 2016

This section applies if—

a PABO application was not decided immediately before the commencement; or

both of the following apply—

a protected action ballot order was made under the repealed Act in relation to the proposed agreement;

immediately before the commencement, the protected action ballot required to be conducted under the order had not been conducted.

Chapter 6 and schedule 4 of the repealed Act continue to apply for—

deciding the PABO application mentioned in subsection (1)(a) and, if the application is granted, conducting the protected action ballot; or

conducting the protected action ballot mentioned in subsection (1)(b).

Protected industrial action may be taken in relation to the proposed agreement under the repealed Act.

However, the 30-day period mentioned in section 176(3)(e)(i) of the repealed Act can not be extended under section 176(7) of that Act.

This section does not prevent protected industrial action being taken for the proposed agreement under this Act.

This section applies despite section 1021A.

In this section—

PABO application means an application made under the repealed Act by a negotiating party for the making of a protected action ballot order in relation to proposed industrial action for the proposed agreement.