South Australian Numbered Acts

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INDUSTRIAL LAW REFORM (FAIR WORK) ACT 2005 (NO 3 OF 2005) - SCHEDULE 1

Schedule 1—Transitional provisions

1—Interpretation

        (1)         In this Schedule—

principal Act means the Industrial and Employee Relations Act 1994 .

        (2)         Unless the contrary intention appears, terms used in this Schedule have meanings consistent with the meanings they have in the principal Act.

2—Enterprise Agreement Commissioners

A person holding office as an Enterprise Agreement Commissioner immediately before the commencement of this clause will continue as a Commissioner appointed to the Commission for the balance of his or her term of appointment as an Enterprise Agreement Commissioner (and is then eligible for reappointment under the principal Act as amended by this Act).

3—Term of office of other members of Commission

The amendments made to the principal Act by sections 12 or 15 of this Act do not apply to members of the Commission appointed before the commencement of this clause (and accordingly such a member of the Commission will cease to hold office at the end of the term for which he or she was appointed (unless the term comes to an end under the principal Act sooner) but the member will then be eligible for reappointment under the principal Act as amended by this Act).

4—Enterprise agreements

        (1)         The amendments made to the principal Act by section 32(2), 33(1), (2) and (4) and 35(1) of this Act do not apply with respect to any negotiations or proceedings to enter in an enterprise agreement being conducted or undertaken by an association that is not a registered association if the association was, before the commencement of this subclause, authorised to negotiate the agreement on behalf of a group of employees in accordance with section 75(2) of the principal Act (as in existence immediately before the commencement of this clause).

        (2)         The amendment made to section 81 of the principal Act by this Act does not apply with respect to the transfer of a business or undertaking that takes effect before the commencement of this subclause.

5—Awards

The amendment made to section 91 of the principal Act by this Act does not apply with respect to the transfer of a business or undertaking that takes effect before the commencement of this clause.

6—Registered agents

The term of registration of a person holding a registration as an agent immediately before the commencement of this clause will be taken to be 2 years from the date of that commencement.

7—Minimum standards

        (1)         Schedule 2 of the principal Act (and any determination of the Full Commission under that Schedule) will, despite the repeal of that Schedule by this Act, continue to have effect until the Full Commission establishes a minimum standard under subsection (3) of section 69 of the principal Act (as enacted by this Act).

        (2)         The President of the Commission must take reasonable steps to ensure that the first determination of the Full Commission under subsection (3) of section 69 of the principal Act (as enacted by this Act) is made as soon as is reasonably practicable after the commencement of this subclause.

        (3)         The President of the Commission must take reasonable steps to ensure that the Full Commission establishes the minimum standard contemplated by section 72B of the principal Act (as enacted by this Act) as soon as is reasonably practicable after the commencement of this subclause.

        (4)         Proceedings for the purposes of subclause (2) or (3) may be commenced by application by a peak entity, or by the Full Commission acting on its own initiative.

8—Other provisions

        (1)         The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.

        (2)         A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.

        (3)         To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

            (a)         decreasing the person's rights; or

            (b)         imposing liabilities on the person.

        (4)         The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Part, apply to any amendment or repeal effected by this Act.



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