17Unfair dismissal of children employed by constitutional corporations

#### 17 Unfair dismissal of children employed by constitutional corporations 17 Unfair dismissal of children employed by constitutional corporations > > (1) This section applies to any dismissal by a constitutional corporation, on or after the introduction day, of a child from employment by the corporation. > > > (2) The following provisions of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) and the regulations made under that Act apply to and for the purposes of any dismissal of a child from employment to which this section applies (the applied unfair dismissal provisions)— > > > > > (a) Part 6 (Unfair dismissals) of Chapter 2, other than section 83 (1A), > > > > > (b) section 181 (2) (c) and (c1), > > > > > (c) any other provision prescribed by the regulations. > > > (3) Accordingly, the applied unfair dismissal provisions have effect as if they formed part of this Act. > > > (4) For the purposes of the application of the applied unfair dismissal provisions (but without limiting subsection (6)), a reference in the applied unfair dismissal provisions— > > > > > (a) to employment is to be read as a reference to employment of a child by a constitutional corporation, and > > > > > (b) to an employer is to be read as a reference to an employer that is a constitutional corporation, and > > > > > (c) to employees is to be read as a reference to children who are employed by a constitutional corporation, and > > > > > (d) to proceedings under Part 6 of Chapter 2 is to be read as a reference to proceedings under Part 2 of that Chapter (as applied by this section to and for the purposes of any dismissal of a child from employment to which this section applies), and > > > > > (e) to an industrial instrument is to be read as a reference to a State industrial instrument, > > > > as the case requires. > > > (5) Section 153 (1) of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) applies to proceedings under Part 6 of Chapter 2 of that Act (as applied by this section to and for the purposes of any dismissal of a child from employment to which this section applies) in the same way as it applies to proceedings under that Part apart from this section. > > > (6) The applied unfair dismissal provisions have effect subject to such modifications as are prescribed by this Part or the regulations. > > > (7) Unless the regulations provide otherwise, nothing in this section prevents the application of provisions of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) that would be applicable to a matter arising under this Part (including the exercise of a function conferred or imposed on the Commission by or under this Part) apart from this section. > > > > Note. > > > > For example, nothing in this section limits the application of the provisions of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) dealing with the constitution of the Commission, its practice and procedure and appeals from its decisions.