Part 2General transitional provisions

Part 2—General transitional provisions

5 AAT Enterprise Agreement

(1) From the transition time, the AAT Enterprise Agreement: (a) continues to cover and apply to APS employees who: (i) it covered and applied to immediately before the transition time; and (ii) at the transition time, are APS employees in the ART; and (b) covers and applies to APS employees in the ART at the classification levels covered by the AAT Enterprise Agreement whose employment in the ART commences at or after the transition time; and (c) covers and applies to the Principal Registrar as the Agency Head (within the meaning of the Public Service Act 1999) of the APS employees in the ART; and (d) has effect in relation to the ART as if: (i) a reference to the AAT were a reference to the ART; and (ii) a reference to the Registrar of the AAT were a reference to the Principal Registrar. (2) Subsection (1) does not: (a) prevent the variation or termination of the AAT Enterprise Agreement in accordance with law; or (b) prevent the terms and conditions of employment of APS employees in the ART from being varied after the transition time: (i) in accordance with those terms and conditions; or (ii) by or under a law; or (c) affect the operation of section 58 of the Fair Work Act 2009.

Note: Section 58 of the Fair Work Act 2009 deals with the interaction between one or more enterprise agreements

6 Practice directions made shortly after the transition time

(1) This section applies to a practice direction made under subsection 36(1) of the new Act within 28 days after the transition time. (2) Subsection 36(3) of the new Act does not apply to the making of the practice direction. (3) The President of ART must consult the Tribunal Advisory Committee within 3 months after making the practice direction.

7 Lists established shortly after the transition time

(1) This section applies to a list established under paragraph 196(2)(a) of the new Act within 28 days after the transition time. (2) Subsection 196(3) of the new Act does not apply to the establishment of the list. (3) The President of the ART must consult the Tribunal Advisory Committee within 3 months after establishing the list.

8 Assignment of jurisdictional area leaders shortly after the transition time

(1) This section applies to any assignment of a jurisdictional area leader made in the exercise of the power under subsection 197(1) of the new Act within 28 days after the transition time. (2) For the purposes of subsection 197(1) of the new Act, the Minister is taken to have consulted the President of the ART if the Minister consulted the President of the AAT in relation to the assignment before the transition time.

9 Time for making applications to ART