11Existing awards, orders, decisions and agreements made under this Act

11 Existing awards, orders, decisions and agreements made under this Act

11 Existing awards, orders, decisions and agreements made under this Act

(1) Definition of instrument A reference in this clause to an instrument is a reference to:

(a) an award or order made by the Coal Industry Tribunal, or

(b) a decision given by a Local Coal Authority, or

(c) an agreement made at a hearing before the Coal Industry Tribunal or a Local Coal Authority, or

(d) an agreement made under a provision of an award made by the Coal Industry Tribunal,

that had effect immediately before the commencement of this clause.

(2) Existing instruments to become awards of Commission An instrument, to the extent to which it relates to matters pertaining to the relationship between employers in the coal mining industry in the State and their employees, has effect as, and is taken to be, an award made by the Australian Commission under the provisions of the Commonwealth Industrial Relations Act (as applying under section 54B).

(3) References to Tribunal or Authority in existing instruments A reference in an instrument referred to in subclause (2) to the Coal Industry Tribunal or to a Local Coal Authority is taken (except in relation to matters that occurred before the commencement of this clause) to be a reference to the Australian Commission.

(4) Determinations and other things under existing instruments A determination made or any other thing done before the commencement of this clause by the Coal Industry Tribunal or a Local Coal Authority under an instrument referred to in subclause (2) has effect on and after that commencement as if it had been made or done by the Australian Commission.

(5) Coverage of awards Without limiting the operation of the other provisions of this clause, an instrument that is taken to be an award made by the Australian Commission under this clause is varied, with effect from the end of the day immediately preceding the commencement of this clause, so that the instrument is to be read as naming as parties or respondents to the instrument all persons or organisations that were within its coverage immediately before that commencement. The award is taken to be binding on those persons or organisations, as if they were parties referred to in section 149 (1) of the Commonwealth Industrial Relations Act (as applied by section 54B), regardless of whether or not they or any of them were or were required to be registered under that Act.