Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Despite the repeal of section 109 of the pre‑reform Act by the Work Choices Act, but subject to subregulations (3), (4) and (5), an application under that section may be dealt with under the pre‑reform Act as if that Act had not been amended.
(2) Despite the repeal of section 109 of the pre‑reform Act by the Work Choices Act, but subject to subregulations (3) and (4), an application under that section:
(a) may be instituted within 21 days after:
(i) the date of the award, order, decision or declaration that is the subject of the application; or
(ii) if a request for a statement of reasons has been made under rule 46 of the Australian Industrial Relations Commission Rules 1998 , as in force immediately before the reform commencement -- the date on which the statement of reasons is given; and
(b) is to be determined under the pre‑reform Act as if that Act had not been amended.
(3) The Commission may determine that an application of the kind mentioned in this regulation should not be heard, or further heard, to the extent that the Commission believes that:
(a) a decision to uphold the application could not be effectively implemented under the Act; or
(b) the matter has no practical application under the Act.
(4) If an application that continues, or is instituted, under this regulation has not been finally determined within 6 months after the reform commencement, it lapses at the end of that period.
(5) The Commission must not grant an extension of time for the institution of an application under this Division.