Public Sector Management Act 1994

A decision made or purported to be made under regulations referred to in section 95A to terminate the employment of an employee or any matter, question or dispute relating to the decision is not an industrial matter for the purposes of the Industrial Relations Act 1979.

Despite subsection (1), a decision made or purported to be made under regulations referred to in section 95A(2), other than a decision to terminate the employment of an employee, may be referred to the Industrial Commission —

under the Industrial Relations Act 1979 section 29(1)(a); or

by an employee or former employee aggrieved by the decision,

A referral under subsection (2) must be made within the period after the making of the decision that is prescribed under section 108.

The Industrial Relations Act 1979 applies to and in relation to a decision referred under subsection (2) as if the decision were an industrial matter referred to the Industrial Commission in accordance with that Act.

In exercising its jurisdiction in relation to a decision referred under subsection (2), the Industrial Commission —

must confine itself to determining whether or not the employee concerned has been allowed the benefits to which the employee is entitled under the regulations referred to in section 95A(2)(b); and

does not have jurisdiction to exercise its powers under the Industrial Relations Act 1979 section 23A.