Industrial Relations Act 2016

This section applies if, before the commencement—

the requirement under old section 149(4) to determine a matter by arbitration started to apply; and

the commission had not made a determination for the matter under old section 150.

For subsection (1), it does not matter whether or not the commission started to hear the matter before the commencement.

The commission must determine the matter by arbitration under the repealed Act.

However, if the employer and 1 or more parties reach agreement on a proposed bargaining instrument before the commission determines the matter by arbitration—

the parties must take steps under chapter 4 of this Act to have the instrument certified or made; and

if an application is made under section 189 or 190 of this Act, a step taken in compliance with a requirement under the repealed Act in relation to the instrument is deemed to have been taken for the purposes of this Act; and Examples of steps that may have been taken under the repealed Act—

• the giving of a notice of intention under the repealed Act

• approval of the instrument by the relevant employees

the arbitration ends when the instrument is certified or made.