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WORKPLACE RELATIONS REGULATIONS 2006 (SLI NO 52 OF 2006) - REG 7.4.20

Dealing with disputes

         (1)   Subject to subregulation (2), if an alleged industrial dispute was notified under section 99 of the pre‑reform Act before the reform commencement, but the matter was not finally determined before the reform commencement, proceedings in relation to the matter lapse, to the extent that the matter relates to an employer, on the reform commencement.

         (2)   If, immediately before the reform commencement, the Commission was dealing, under section 102 or 103 of the pre‑reform Act, with an industrial dispute about any of the following matters:

                (a)    the application of awards;

               (b)    meal breaks;

                (c)    public holidays;

               (d)    parental leave;

and the dispute involves an employer, the Commission may deal with the dispute in accordance with its powers under section 701 of the Act.

         (3)   If an alleged industrial dispute was notified under section 99 of the pre‑reform Act before the reform commencement, but the matter was not finally determined before the reform commencement, the matter is to be dealt with, to the extent that it relates to a transitional employer, in accordance with Schedule 6 to the Act.

         (4)   For subregulations (1) and (3) a matter was finally determined before the reform commencement if:

                (a)    the Commission made a determination under section 101 of the pre‑reform Act that the alleged industrial dispute was not an industrial dispute; or

               (b)    the industrial dispute was fully settled by conciliation under sections 102 and 103 of the pre‑reform Act; or

                (c)    the Commission dealt with the industrial dispute, or matters remaining in dispute, by arbitration under section 104 of the pre‑reform Act.



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