63—Amendment of section 167—Extension of time
Section 167—after subsection (2) insert:
(3) Subject to
subsection (2), if—
(a) a
person commences proceedings before the Commonwealth Commission or a court of
the Commonwealth in relation to an industrial matter; and
(b) the
proceedings are dismissed or discontinued on the ground of lack of
jurisdiction, or on the ground that the proceedings should have been brought
under this Act instead of under Commonwealth law; and
(c) the
person applies to bring proceedings before the Court or the Commission under
this Act in relation to the same (or substantially the same) matter within 21
days after the earlier proceedings are dismissed or discontinued,
the Court or Commission (as the case requires) must, if relevant, on
application under this subsection, extend any time limitation that would
otherwise apply to the proceedings unless the Court or Commission determines
that there are good and cogent reasons for not doing so.