Fair Work Act 2009
Sch 3 s 29Transitional provision—General Manager and staff of FWA
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29 Transitional provision—General Manager and staff of FWA
General Manager
(1) The person holding office as the General Manager of FWA immediately before the commencement of Part 1 of Schedule 9 to the amending Act continues to hold office:
(a) as the General Manager of the FWC; and
(b) for the balance of the person’s term of appointment that remains immediately before that commencement.
(2) If, before that commencement, a thing was done by, or in relation to, the General Manager of 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 General Manager of the FWC.
(3) For the purposes of subclause (2), 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.
(4) The Minister may, by writing, determine that subclause (2):
(a) does not apply in relation to a specified thing done by, or in relation to, the General Manager of FWA; or
(b) applies as if the reference in that subclause to the General Manager of the FWC were a reference to the Commonwealth.
A determination under this subclause has effect accordingly.
(5) A determination made under subclause (4) is not a legislative instrument.
Staff
(6) A person who, immediately before that commencement, was a member of the staff of FWA, continues, on and after that commencement, as a member of the staff of the FWC.