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This is a Bill, not an Act. For current law, see the Acts databases.


COMMONWEALTH POWERS (INDUSTRIAL RELATIONS) BILL 1996

Clause                                                                Page

 Commonwealth Powers (Industrial Relations) Act
                   1996
                                  Act No.


                        TABLE OF PROVISIONS
Clause                                                                Page

PART 1--PRELIMINARY                                                      1
  1.     Purpose                                                         1
  2.     Commencement                                                    2
  3.     Definitions                                                     2

PART 2--REFERENCE OF MATTERS                                             4
  4.     Reference                                                       4
  5.     Matters excluded from a reference                               6
  6.     Termination of reference                                        8
  7.     Supreme Court--limitation of jurisdiction                       8
  8.     Expiry of Act                                                   8

PART 3--EMPLOYEE RELATIONS ACT 1992                                      9
  9.     Amendment                                                       9

PART 4--CONSEQUENTIAL AMENDMENTS AND
TRANSITIONAL PROVISIONS                                                 10
  10.    Amendment of certain Acts                                      10
  11.    Transitional provisions                                        10

PART 5--ANNUAL LEAVE PAYMENTS ACT 1992                                  11
  12.    Repeal                                                         11
                           __________________




                                      i
531119B.I1-19/11/96                           BILL LA INTRODUCTION 19/11/96

 


 

Clause Page SCHEDULES 12 SCHEDULE 1--Amendment of Employee Relations Act 1992 12 SCHEDULE 2--Consequential Amendments 15 SCHEDULE 3--Transitional Provisions 22 NOTES 26 ii 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

A BILL to refer to the Parliament of the Commonwealth certain matters relating to industrial relations and for other purposes. Commonwealth Powers (Industrial Relations) Act 1996 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is-- (a) to refer to the Parliament of the Commonwealth certain matters relating to 5 industrial relations; (b) to amend the Employee Relations Act 1992; (c) to repeal the Annual Leave Payments Act 1992; 1 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 s. 2 3 Act No. (d) to make certain consequential amendments to certain Acts. 2. Commencement (1) This Part and Part 5 come into operation on the day on which this Act receives the Royal Assent. 5 (2) The remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) A proclamation must not be made under sub- section (2) (other than a second or subsequent proclamation) unless the proclamation includes a 10 statement that the Governor in Council is satisfied that a Bill has been introduced into the Senate or House of Representatives of the Parliament of the Commonwealth containing provisions about matters to be referred to that Parliament by this 15 Act. 3. Definitions In this Act-- "employee" includes a member of the police force, a police reservist and a protective 20 services officer but does not include a person engaged under a contract for services; "employer" includes a person employing an employee, including the Crown and a public body and, in relation to a person who is a 25 member of the police force, a police reservist or a protective services officer, means the person nominated by the Governor in Council as the employer of that person; "the Commonwealth Act" means-- 30 (a) the Industrial Relations Act 1988 of the Commonwealth; or (b) if Schedule 20 to the Workplace Relations and Other Legislation 2 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Act No. Amendment Act 1996 of the Commonwealth is in force, the Workplace Relations Act 1996 of the Commonwealth; "public sector" means the public service of 5 Victoria or the service of the State or of a statutory authority or of a State owned enterprise within the meaning of the State Owned Enterprises Act 1992. __________________ 10 3 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 s. 4 Act No. PART 2--REFERENCE OF MATTERS 4. Reference (1) A matter referred to the Parliament of the Commonwealth by a sub-section of this section is so referred subject to the Commonwealth of 5 Australia Constitution Act and pursuant to section 51(xxxvii) of that Act. (2) The matter of conciliation and arbitration for the prevention and settlement of industrial disputes within the limits of the State, to the extent to 10 which it is not otherwise included in the legislative powers of the Commonwealth, is referred to the Parliament of the Commonwealth for a period commencing on the day on which this sub-section commences and ending on the day 15 fixed under or by section 6 as the day on which the reference of that matter under this Act terminates but no longer. (3) The matter of agreements about matters pertaining to the relationship between an employer or 20 employers in the State and an employee or employees in the State, to the extent to which it is not otherwise included in the legislative powers of the Commonwealth, is referred to the Parliament of the Commonwealth for a period commencing 25 on the day on which this sub-section commences and ending on the day fixed under or by section 6 as the day on which the reference of that matter under this Act terminates but no longer. (4) The matter of minimum terms and conditions of 30 employment for employees in the State, to the extent to which it is not otherwise included in the legislative powers of the Commonwealth, is referred to the Parliament of the Commonwealth for a period commencing on the day on which this 35 4 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 s. 4 Act No. sub-section commences and ending on the day fixed under or by section 6 as the day on which the reference of that matter under this Act terminates but no longer. (5) The matter of termination, or proposed 5 termination, of an employee's employment, to the extent to which it is not otherwise included in the legislative powers of the Commonwealth, is referred to the Parliament of the Commonwealth for a period commencing on the day on which this 10 sub-section commences and ending on the day fixed under or by section 6 as the day on which the reference of that matter under this Act terminates but no longer. (6) The matter of freedom of association, namely the 15 rights of employees, employers and independent contractors in the State to join an industrial association of their choice, or not to join such an association, to the extent to which it is not otherwise included in the legislative powers of the 20 Commonwealth, is referred to the Parliament of the Commonwealth for a period commencing on the day on which this sub-section commences and ending on the day fixed under or by section 6 as the day on which the reference of that matter 25 under this Act terminates but no longer. (7) The matter of the setting and adjusting of minimum wages for employees in the State within a work classification that, immediately before the commencement of this sub-section is a declared 30 work classification under the Employee Relations Act 1992, or has been declared, by the Commission within the meaning of that Act, to be an interim work classification, who are not subject to an award or agreement under the 35 Commonwealth Act, to the extent to which that matter is not otherwise included in the legislative 5 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 s. 5 Act No. powers of the Commonwealth, is referred to the Parliament of the Commonwealth for a period commencing on the day on which this sub-section commences and ending on the day fixed under or by section 6 as the day on which the reference of 5 that matter under this Act terminates but no longer. 5. Matters excluded from a reference (1) A matter referred by a sub-section of section 4 does not include-- 10 (a) matters pertaining to the number, identity, appointment (other than terms and conditions of appointment) and discipline (other than matters pertaining to the termination of employment) of employees in 15 the public sector; (b) matters pertaining to the number or identity of employees in the public sector dismissed or to be dismissed on grounds of redundancy; 20 (c) matters pertaining to the following subject matters-- (i) workers' compensation; (ii) superannuation; (iii) occupational health and safety; 25 (iv) apprenticeship; (v) long service leave; (vi) days to be observed as public holidays; (vii) equal opportunity-- but not so as to prevent the inclusion in 30 awards or agreements made under the Commonwealth Act of provisions in relation to those matters to the extent to which the 6 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 s. 5 Act No. Commonwealth Act, as enacted as at 30 November 1996 (whether or not in force), allows such awards or agreements to include such provisions; (d) the matter of the making of an award or 5 order as, or declaring any term of an award or order to be, a common rule in the State for an industry; (e) matters pertaining to Ministers, members of the Parliament, judicial officers or members 10 of administrative tribunals; (f) matters pertaining to persons holding office in the public sector to which the right to appoint is vested in the Governor in Council or a Minister; 15 (g) matters pertaining to persons holding senior executive offices in the service of a Department within the meaning of the Public Sector Management Act 1992; (h) matters pertaining to persons employed at 20 the higher managerial levels in the public sector; (i) matters pertaining to persons employed as ministerial assistants or ministerial advisers in the service of Ministers; 25 (j) matters pertaining to persons holding office as Parliamentary officers; (k) matters pertaining to the transfer or redundancy of employees of a body as a result of a restructure by an Act; 30 (l) matters pertaining to the duties of employees if a situation of emergency is declared by or under an Act or an industry or project is, by or under an Act, declared to be a vital 7 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 s. 6 Act No. industry or vital project and whose work is directly affected by that declaration. (2) Insofar as a matter specified in sub-section (1) of this section does not fall within the terms of a sub- section of section 4, sub-section (1) of this section 5 must be taken to have been enacted for the avoidance of doubt. 6. Termination of reference (1) The Governor in Council, by proclamation published in the Government Gazette, may fix a 10 day as the day on which the reference under a sub- section of section 4 terminates. (2) The references under this Act terminate on 1 July 1997 unless, before that date, the Governor in Council has, by Order published in the 15 Government Gazette, declared that an agreement has been entered into between the Minister administering the Commonwealth Act and the Minister administering this Act about the matters referred by this Act to the Parliament of the 20 Commonwealth. 7. Supreme Court--limitation of jurisdiction It is the intention of item 4.10(a) of Schedule 2 to alter or vary section 85 of the Constitution Act 1975. 25 8. Expiry of Act This Act expires on 1 July 1997 unless, before that date, a proclamation has been made under section 2(2). 30 _______________ 8 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 s. 9 Act No. PART 3--EMPLOYEE RELATIONS ACT 1992 9. Amendment The Employee Relations Act 1992 is amended as set out in Schedule 1. 5 _______________ 9 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 s. 10 Act No. PART 4--CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS 10. Amendment of certain Acts An Act specified in the heading to an item in Schedule 2 is amended as set out in that item. 5 11. Transitional provisions Schedule 3 contains transitional provisions. _______________ 10 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 s. 12 Act No. PART 5--ANNUAL LEAVE PAYMENTS ACT 1992 12. Repeal No. 60/1992. (1) The Annual Leave Payments Act 1992 is repealed. (2) Sub-section (1) does not revive anything in any 5 determination or contract made before the commencement of the Annual Leave Payments Act 1992 that, by reason of that Act, had no force or effect. __________________ 10 11 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Sch. 1 Act No. SCHEDULES SCHEDULE 1 AMENDMENT OF EMPLOYEE RELATIONS ACT 1992 1. Title 5 In the title, for "Employee Relations" substitute "Long Service Leave". 2. New section 1 substituted For section 1 substitute-- "1. Purpose 10 The purpose of this Act is to make provision with respect to the long service leave entitlements of certain employees.". 3. Repeal of section 3 Section 3 is repealed. 15 4. Amendment of definitions In section 4-- (a) the definition of "business day" is repealed; (b) the definitions of "Chief Commission Administration Officer", "Commission", 20 "employee" and "employer" are repealed; (c) the definitions of "Federal Commission", "industrial action", "industrial authority", "industrial dispute" and "industrial matter" are repealed; 25 (d) the definition of "industry" is repealed; (e) the definitions of "panel", "President", "public body" and "recognised association" are repealed; (f) the definitions of "registered medical practitioner", "shop", "trade union" and "workplace"are 30 repealed. 12 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Sch. 1 Act No. 5. Repeal of section 5 Section 5 is repealed. 6. Amendment of section 7 In section 7, sub-section (2) is repealed. 5 7. Repeal of certain provisions (1) Parts 2, 3 and 4 are repealed. (2) In Part 5, Divisions 1 to 5 are repealed. 8. Long service leave In Division 6 of Part 5-- 10 (a) in section 61(1) and (2), for "Commission" substitute "Industrial Division of the Magistrates' Court"; (b) in section 65(1)(b), (2), (3), (4) and (5), for "Commission" substitute "Industrial Division of the Magistrates' Court"; 15 (c) in section 66(3) and (4), for "Commission" substitute "Industrial Division of the Magistrates' Court"; (d) sections 76 and 77 are repealed; (e) in section 80(1)-- (i) for "Chief Commission Administration Officer" 20 substitute "Chief Administrator"; (ii) for "the Commission" substitute "him or her". 9. Repeal of Parts relating to ERCV Parts 6, 7, 8, 9, 10, 11, 12 and 13 are repealed. 10. Inspectors 25 (1) Part 14 is repealed. (2) In section 154(5), paragraph (b) is repealed. 11. Judicial notice of signatures In section 155(a)-- (a) omit "the President, a Deputy President, a 30 Commissioner,"; (b) for ", an officer to whom section 154(1)(c) applies, the Chief Commission Administration Officer or an 13 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Sch. 1 Act No. inspector" substitute "or an officer to whom section 154(1)(c) applies". 12. Repeal of sections 156, 157 and 162 Sections 156, 157 and 162 are repealed. 5 13. Amendment of section 160 Section 160(3) is repealed. 14. Repeal of sections 163, 165, 166 and 167 Sections 163, 165, 166 and 167 are repealed. 15. Amendment of section 168 10 In section 168-- (a) in paragraph (a), omit "19(1), 37(1) or"; (b) paragraphs (b) and (c) are repealed. 16. Regulations In section 169(1), paragraphs (c), (e) and (ea) are repealed. 15 17. Further repeals (1) Part 18 is repealed. (2) Schedules 1 to 6 are repealed. __________________ 20 14 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Sch. 2 Act No. SCHEDULE 2 CONSEQUENTIAL AMENDMENTS 1. Adult, Community and Further Education Act 1991 Section 44 is repealed. 5 2. Appeal Costs Act 1964 Section 13(4) is repealed. 3. BLF (De-recognition) Act 1985 3.1 In section 3-- (a) the definitions of "Chief Commission 10 Administration Officer" and "Commission" are repealed; (b) in the definition of "Commonwealth Act", for "Industrial Relations Act 1988" substitute "Workplace Relations Act 1996". 15 3.2 In section 6(2)-- (a) omit "the Employee Relations Act 1992 or"; (b) paragraphs (a), (b), (g), (h) and (i) are repealed. 3.3 Section 6(3) is repealed. 4. Construction Industry Long Service Leave Act 1983 20 4.1 In section 3-- (a) in paragraph (a) of the definition of "award", for "under" substitute "entered into under Part 2 of"; (b) the definition of "Employee Relations Commission" is repealed. 25 4.2 In section 30A(1) and (2), for "Employee Relations Commission" substitute "Industrial Division of the Magistrates' Court". 4.3 In section 30A(3) and (4), for "Commission" substitute "Court". 30 4.4 In section 30A, sub-sections (5) and (7) are repealed. 15 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Sch. 2 Act No. 4.5 In section 30A(6), omit "a copy or certificate of which has been filed with the principal registrar of the Magistrates' Court". 4.6 In section 32(6) and (7), for "Employee Relations 5 Commission" substitute "Industrial Division of the Magistrates' Court". 4.7 Section 75 is repealed. 4.8 In section 76(10), for "Employee Relations Commission" substitute "Industrial Division of the Magistrates' Court". 10 4.9 In section 78(1), (2) and (3), for "Employee Relations Commission" substitute "Industrial Division of the Magistrates' Court". 4.10 In section 79-- (a) in sub-section (1), for "Employee Relations 15 Commission" substitute "Industrial Division of the Magistrates' Court"; (b) sub-sections (2) and (3) are repealed. 5. Country Fire Authority Act 1958 In section 18(1) and (2), after "or under" insert "Part 2 of". 20 6. Education Act 1958 In the definition of "law" in section 64L, after "under" insert "Part 2 of". 7. Food Act 1984 In section 60(2)(i), for "Part 2 of the Employee Relations 25 Act 1992" substitute "the Long Service Leave Act 1992". 8. Fundraising Appeals Act 1984 In section 6(1), for paragraphs (g) and (h) substitute-- "(g) an organisation registered under the Workplace Relations Act 1996 of the Commonwealth;". 30 9. Health Services (Conciliation and Review) Act 1987 In the definition of "Industrial Tribunal" in section 3, paragraph (b) is repealed. 10. Intellectually Disabled Persons' Services Act 1986 In section 67(2), omit "or the Employee Relations Act 35 1992". 16 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Sch. 2 Act No. 11. Juries Act 1967 In section 50(4A)-- (a) for "the Employee Relations Act 1992 or in any employment agreement under that Act" substitute 5 "any employment agreement entered into under Part 2 of the Employee Relations Act 1992"; (b) for "that Act" (where secondly occurring) substitute "the Workplace Relations Act 1996 of the Commonwealth". 10 12. Legal Practice Act 1996 In section 315(1)(a), after "1992" insert "or an AWA or certified agreement within the meaning of the Workplace Relations Act 1996 of the Commonwealth". 13. Market Court Act 1978 15 In section 4(4A) and (6), paragraph (b) is repealed. 14. Mental Health Act 1986 In section 97(2), omit "or the Employee Relations Act 1992". 15. Metropolitan Fire Brigades Act 1958 20 15.1 In sections 33A(1) and 34(1)(ca), for "under the" substitute "under any employment agreement entered into under Part 2 of the". 15.2 In section 33A(2), after "or under" insert "Part 2 of". 15.3 In section 85-- 25 (a) for the expression beginning "The powers" and ending "; and any" substitute "Any"; (b) for "Commission" (wherever occurring) substitute "Employee Relations Commission of Victoria"; (c) after "with respect to long service leave" insert "of 30 officers and members of the Metropolitan Fire Brigade or of officers, servants or employees of the Board". 16. Occupational Health and Safety Act 1985 16.1 In section 4, the definition of "Employee Relations 35 Commission" is repealed. 17 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Sch. 2 Act No. 16.2 In section 26(7), for "Employee Relations Commission" substitute "Industrial Division of the Magistrates' Court"; 16.3 In section 32-- (a) in sub-section (3), for "Employee Relations 5 Commission" substitute "Industrial Division of the Magistrates' Court"; (b) sub-section (4) is repealed. 16.4 In section 36-- (a) in sub-section (1), for "Full Session of the Employee 10 Relations Commission" substitute "Industrial Division of the Magistrates' Court"; (b) in sub-sections (2) and (3), for "Employee Relations Commission" substitute "Industrial Division of the Magistrates' Court". 15 16.5 In section 40(5), for "Employee Relations Commission" substitute "Industrial Division of the Magistrates' Court". 16.6 In section 46-- (a) in sub-sections (1), (2), (3) and (4)(a), for "Full Session of the Employee Relations Commission" 20 substitute "Industrial Division of the Magistrates' Court"; (b) in sub-section (3)(b), for "a Commissioner of the Employee Relations Commission assigned for that purpose by the President thereof" substitute "the 25 Industrial Division of the Magistrates' Court". 17. Parliamentary Officers Act 1975 17.1 In section 12B, sub-sections (1), (2), (3) and (5) are repealed. 17.2 In section 12C, sub-sections (1) and (2) are repealed. 30 18. Police Regulation Act 1958 Division 1 of Part IV is repealed. 19. Pre-School Teachers and Assistants (Leave) Act 1984 19.1 In paragraph (b) of the definition of "award" in section 3, for "made under the Industrial Relations Act 1988" 35 substitute "or agreement under the Workplace Relations Act 1996". 18 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Sch. 2 Act No. 19.2 In sections 4(1)(b), 4(2)(b) and 5(d), for "Employee Relations" substitute "Long Service Leave". 20. Public Sector Management Act 1992 20.1 In section 3(a), for "Employee Relations Act 1992" 5 substitute "Workplace Relations Act 1996 of the Commonwealth". 20.2 In section 25, sub-sections (1) and (2) are repealed. 20.3 In section 41(1)(b), for "under the Employee Relations Act 1992" substitute "entered into under Part 2 of the 10 Employee Relations Act 1992 or AWA or certified agreement under the Workplace Relations Act 1996 of the Commonwealth". 20.4 In section 82, for "under the Employee Relations Act 1992" substitute "entered into under Part 2 of the 15 Employee Relations Act 1992 or AWA or certified agreement under the Workplace Relations Act 1996 of the Commonwealth". 20.5 In section 83-- (a) sub-sections (1) to (4) are repealed; 20 (b) in sub-section (5)-- (i) after "1992" (where first occurring) insert "as continued in effect by the Workplace Relations Act 1996 of the Commonwealth"; (ii) omit the expression beginning "and, in 25 determining" and ending at the end of the sub- section. 20.6 In section 104(2), omit ", the Employee Relations Act 1992". 21. Teaching Service Act 1981 30 21.1 In section 2-- (a) the definition of "Employee Relations Commission" is repealed; (b) in the definition of "industrial association of employees" for "association of employees or a group 35 of associations of employees recognised under Part 12 of the Employee Relations Act 1992" substitute 19 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Sch. 2 Act No. "organisation of employees registered under the Workplace Relations Act 1996 of the Commonwealth. 21.2 Section 15 is repealed. 5 21.3 In section 18(1), omit "the Employee Relations Act 1992 and". 21.4 In section 21-- (a) sub-sections (1) and (3) are repealed; (b) in sub-section (2), for "made or entered into under" 10 substitute "entered into under Part 2 of". 22. Trade Unions Act 1958 In section 3(2), for "Chief Commission Administration Officer of the Employee Relations Commission under the Employee Relations Act 1992" substitute "Head of the 15 Department for which the Minister is responsible". 23. Transport Act 1983 In section 83(2), after "made under" insert "Part 2 of". 24. Vocational Education and Training Act 1990 24.1 In section 34A(3), omit "the Employee Relations Act 1992 20 and". 24.2 Section 53A(4) is repealed. 24.3 In section 57(2), for "the Employee Relations Act 1992 or an employment agreement or contract of employment referred to in that Act" substitute "any employment 25 agreement or any other contract of employment". 24.4 In section 63(4), for "described in section 14(4)(b) or 25(1)(b) of the Employee Relations Act 1992 or the deduction of payment in accordance with item 1 of Schedule 5 to that Act" substitute "of the contract of training for the 30 standing-down of trainees who cannot be usefully employed because of any strike, breakdown of machinery or any stoppage of work for any cause for which the employer cannot reasonably be held responsible or the deduction of payment for any part of a day during which a trainee is so 35 stood-down". 24.5 In section 93(1), omit "or the Employee Relations Act 1992". 24.6 In Schedule 2, clauses 1 and 3 are repealed. 20 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Sch. 2 Act No. 24.7 In clause 5(4) of Schedule 3, for "the Employee Relations Act 1992 or any other" substitute "any". 25. Vocational Education and Training (College Employment) Act 1993 5 Section 19(5) is repealed. __________________ 21 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Sch. 3 Act No. SCHEDULE 3 TRANSITIONAL PROVISIONS 1. Definitions In this Schedule-- 5 "commencement day" means the day on which section 11 comes into operation; "former Act" means the Employee Relations Act 1992 as in force immediately before the commencement day; "former Commission" means the Employee Relations 10 Commission of Victoria established by section 82 of the Employee Relations Act 1992. 2. Abolition of Commission (1) The Employee Relations Commission of Victoria established by section 82 of the Employee Relations Act 15 1992 is abolished and the members of that Commission go out of office. (2) The Commission Administration Office established by section 88 of the Employee Relations Act 1992 is abolished and the Chief Commission Administration Officer 20 goes out of office. 3. Proceedings (1) In this clause, "relevant proceeding" means a proceeding under an Act other than the former Act-- (a) begun before the former Commission before the 25 commencement day and which had not been completed at that day; and (b) that could have been brought before the Industrial Division of the Magistrates' Court if it had been begun on or after the commencement day. 30 (2) If before the commencement day the former Commission had begun to hear any relevant proceeding and at that day evidence on any question of fact material to that proceeding had been given to the former Commission but the proceeding had not been finally determined, any party to the 35 proceeding may apply in writing to the Industrial Division 22 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Sch. 3 Act No. of the Magistrates' Court for a determination under sub- clause (3). (3) On an application under sub-clause (2), the Industrial Division of the Magistrates' Court may determine-- 5 (a) to accept the proceeding as part-heard and to continue the hearing; or (b) to re-hear the proceeding-- in accordance with the Act under which it is brought. (4) If a relevant proceeding is continued to be heard, or is re- 10 heard, by the Industrial Division of the Magistrates' Court in accordance with a determination under sub-clause (3), anything done in relation to that proceeding before the commencement day shall, so far as consistent with the Act under which it is brought, be taken to have been done for 15 the purposes of the hearing and determination of the proceeding by the Magistrates' Court and the Court may, for the purposes of the hearing or re-hearing, have regard to any record of the earlier proceeding before the former Commission. 20 (5) If before the commencement day a relevant proceeding was pending before the former Commission but the former Commission had not begun to hear it or had begun to hear it but at the commencement day had not been given evidence on any question of fact material to it, the proceeding is to be 25 heard and determined by the Industrial Division of the Magistrates' Court in accordance with the Act under which it is brought and anything done in relation to that proceeding must, so far as consistent with that Act, be taken to have been done for the purposes of the hearing and determination 30 of the proceeding by the Magistrates' Court. (6) If any difficulty arises in any particular matter because of the operation of this clause, the Chief Magistrate may make any order that he or she considers appropriate to resolve the difficulty. 35 (7) The Chief Magistrate may make an order under sub-clause (6) on the application of a party to the matter, or on the Chief Magistrate's own initiative. (8) An order under sub-clause (6) has effect despite anything to the contrary in the former Act or in the Act under which the 40 matter arises. 4. References to employment agreements 23 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Act No. A reference in any Act or subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to an employment agreement within the meaning of the Employee Relations Act 1992 must be taken to be a 5 reference to an employment agreement within the meaning of that Act as in force immediately before the repeal of Part 2 of that Act. 5. References to recognised associations A reference in any Act or subordinate instrument within the 10 meaning of the Interpretation of Legislation Act 1984 to a recognised association within the meaning of the Employee Relations Act 1992 must be taken to be a reference to an organisation registered under the Workplace Relations Act 1996 of the Commonwealth. 15 6. References to Employee Relations Act 1992 (1) A reference in any Act or subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to a provision of the Employee Relations Act 1992 that is repealed by Schedule 1 to this Act must be taken, unless the 20 contrary intention appears, to be a reference to that provision of the former Act. (2) A reference in any Act or subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to a provision of the Employee Relations Act 1992 that is not 25 repealed by Schedule 1 to this Act must be taken, unless the contrary intention appears, to be a reference to that provision of the Long Service Leave Act 1992. 7. Savings and transitional regulations (1) The Governor in Council may make regulations that contain 30 provisions of a savings and transitional nature consequent on-- (a) the enactment of this Act; or (b) the enactment by the Parliament of the Commonwealth of an Act consequent on the 35 enactment of this Act. (2) A provision mentioned in sub-clause (1) may be retrospective in operation. (3) Regulations under this clause have effect despite anything to the contrary in any Act other than this Act or in any 40 instrument made under an Act. 24 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Sch. 3 Act No. 8. Interpretation of Legislation Act 1984 This Schedule does not affect or take away from the Interpretation of Legislation Act 1984. 5 25 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 26 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

Commonwealth Powers (Industrial Relations) Act 1996 Act No. 27 531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96

 


 

 


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