Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SECT 35

35.(1) In this section:

"amended Act" means the Principal Act as amended by this Part;

"commencement day" means the day on which Division 3A of Part VI of the
Principal Act is repealed by this Part.

(2) Despite the repeal of Division 3A of Part VI of the Principal Act:

   (a)  an agreement made under that Division and in force (although not
        certified) immediately before the commencement day has effect as if it
        had been made under section 170MA of the amended Act; and

   (b)  an agreement certified under that Division and in force immediately
        before the commencement day has effect as if the Principal Act had not
        been amended by this Act, but may be extended under section 170MI of
        the amended Act; and

   (c)  if an application that was made under that Division for certification
        of an agreement was pending immediately before the commencement day:

        (i)    if subparagraph (ii) does not apply, the Commission is to deal
               with the application as if it had been made under section 170MA
               of the amended Act; or

        (ii)   if each of the applicants so requests, the Commission is to
               deal with the application as if that Division had not been
               repealed, and, if the agreement is certified, it has effect as
               if the Principal Act had not been amended by this Act, but may
               be extended under section 170MJ of the amended Act.

(3) The Commission may permit the parties to an agreement to which paragraph
(2)(a) or subparagraph (2)(c)(i) applies to vary its terms so as to accord
with Division 2 of Part VIB of the amended Act.

(4) A Full Bench established for the purposes of an appeal against a decision
made, or an act done, in performing or exercising any of the Commission's
functions and powers under Division 3A of Part VI must consist, so far as
practicable, of members of the Bargaining Division.

(5) Before establishing a Full Bench for the purposes of such an appeal, the
President must consult the Vice President assigned to the Bargaining Division.