(1) Despite the amendments of the pre‑reform Act by the Work Choices Act, but subject to subregulation (2), if the President has ordered that a matter be heard and determined by the Commission under section 80 of the pre‑reform Act before the reform commencement, the Commission may deal with the matter under that section as if the pre‑reform Act had not been amended.
(2) The Commission may determine that a matter to which this regulation applies should not be heard and determined under section 80 of the pre‑reform Act, if the Commission believes that:
(a) its determination could not be effectively implemented under the Act; or
(b) the matter has no practical application under the Act.