54CState awards and orders

54C State awards and orders

54C State awards and orders

(1) Functions and powers of State tribunals Nothing in this Act affects the functions or powers of any State tribunal in relation to the coal mining industry, except as provided by subsection (2).

(2) Federal awards prevail No award or order of a State tribunal that has application in the coal mining industry (whether it was made before or after the commencement of this section) has effect to the extent that it is inconsistent with a federal award that has application in the coal mining industry.

(3) Definitions In this section:

federal award means:

(a) an award of the Australian Commission to the extent that it is made under the provisions of the Commonwealth Industrial Relations Act (as applying under section 54B), or

(b) an award referred to in clause 11 of Schedule 1 that is taken to have been made by the Australian Commission under those provisions.

State tribunal includes a State court.

pt 7A (ss 54B–54D): Ins 1995 No 19, Sch 1 (4).