Fair Work Act 2009
Sch 3 s 28Operation of laws—things done by, or in relation to, FWA
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28 Operation of laws—things done by, or in relation to, FWA
(1) If, before the commencement of Part 1 of Schedule 9 to the amending Act, a thing was done by, or in relation to, FWA, then, for the purposes of the operation of any law on or after that commencement, the thing is taken to have been done by, or in relation to, the FWC.
(2) For the purposes of subclause (1), a thing done before that commencement under a provision amended by Part 1, 2 or 3 of Schedule 9 to the amending Act has effect from that commencement as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.
(3) The Minister may, by writing, determine that subclause (1):
(a) does not apply in relation to a specified thing done by, or in relation to, FWA; or
(b) applies as if the reference in that subclause to the FWC were a reference to the President of the FWC; or
(c) applies as if the reference in that subclause to the FWC were a reference to another FWC member.
A determination under this subclause has effect accordingly.
(4) A determination made under subclause (3) is not a legislative instrument.