12Matters pending before Coal Industry Tribunal or Local Coal Authority

12 Matters pending before Coal Industry Tribunal or Local Coal Authority

12 Matters pending before Coal Industry Tribunal or Local Coal Authority

(1) Pending matters before Tribunal or Authority become matters before Australian Commission A matter pending before the Coal Industry Tribunal or a Local Coal Authority immediately before the commencement of this clause, 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, is taken to be a matter before the Australian Commission under the provisions of the Commonwealth Industrial Relations Act (as applying under section 54B). The Australian Commission may deal with the matter as if it had been before the Australian Commission since it arose.

(2) Extent of operation of subclause (1) Subclause (1) applies only to the extent to which:

(a) the matter was notified to the Coal Industry Tribunal or the Local Coal Authority for the purpose of the performance or exercise by the Tribunal or Authority of, or

(b) the Tribunal or Authority was performing or exercising,

functions or powers in relation to the matter conferred by State legislation.

(3) Previous evidence, arguments, decisions and other matters For the purpose of dealing with a matter under subclause (1), the Australian Commission may have regard to:

(a) any evidence given, or arguments put, in proceedings relating to the matter before the Coal Industry Tribunal or the Local Coal Authority, and

(b) any decision, recommendation, determination or report made by the Tribunal or Authority in relation to the matter.