Division 5Operation of particular provisions of previous Act and Industrial Relations Act

An Act to enact certain transitional provisions, and to repeal certain Acts and amend certain Acts, in consequence of the enactment of the Industrial Relations Act 1988, and for other purposes ## Part I—Preliminary #### 1 Short title \[see Note 1\] This Act may be cited as the Industrial Relations (Consequential Provisions) Act 1988. #### 2 Commencement \[see Note 1\] (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on the commencement of section 8 of the Industrial Relations Act 1988. #### 3 Repeals The Acts specified in Schedule 1 are repealed. #### 4 Interpretation (1) Unless the contrary intention appears, expressions used in this Act that are also used in the Industrial Relations Act 1988 have the same respective meanings as they have in that Act. (2) In this Act, unless the contrary intention appears: > commencement means the commencement of section 8 of the Industrial Relations Act. > Court means the Federal Court of Australia. > former Commission means the Australian Conciliation and Arbitration Commission. > former Industrial Registrar means the Industrial Registrar, or a person acting as Industrial Registrar, under the previous Act. > former Registrar means a Registrar (including the former Industrial Registrar), or a person acting as such a Registrar, under the previous Act. > Industrial Relations Act means the Industrial Relations Act 1988, and includes the regulations made under that Act. > new Commission means the Australian Industrial Relations Commission. > new Presidential Member means the President, the Vice President, a Senior Deputy President or a Deputy President of the new Commission. > previous Act means the Conciliation and Arbitration Act 1904, and includes any other Act so far as the other Act affects the operation of that Act and the regulations made under that Act. ## Part II—Savings and transitional provisions ### Division 1—Organisations and awards #### 5 Organisations registered under previous Act (1) An organisation that was, immediately before the commencement, registered under the previous Act: (a) shall be taken to become registered under the Industrial Relations Act on the commencement; and (b) shall be taken to be, and to have been at all times while registered under the previous Act, a body corporate. (2) The rules of the organisation as in force immediately before the commencement continue in force after the commencement, but may be altered under the Industrial Relations Act. #### 6 Cancellation of registration under previous Act Where the registration of an organisation was cancelled under the previous Act before the commencement, the provisions of the previous Act continue to apply in relation to the cancellation as if the previous Act had not been repealed. #### 7 Awards in force under previous Act (1) An award or order in force under the previous Act immediately before the commencement continues in force after the commencement, subject to the Industrial Relations Act, as if it were an award made under the Industrial Relations Act. (2) A decision in force under the previous Act immediately before the commencement continues in force after the commencement, subject to the Industrial Relations Act, as if it were a decision made under the Industrial Relations Act. (3) An award of the Flight Crew Officers Industrial Tribunal continued in force by subsection (1) remains binding, subject to the Industrial Relations Act, on the persons who would have been bound by the award if the previous Act had not been repealed. (4) An award made by the former Commission under: (a) Division 4 of Part IV of the Australian National Railways Commission Act 1983; (b) Division 7 of Part III of the Commonwealth Teaching Service Act 1972; (c) Division 8 of Part V of the Postal Services Act 1975; or (d) Division 8 of Part V of the Telecommunications Act 1975; that was in force immediately before the commencement continues in force after the commencement, subject to the Industrial Relations Act, as if it were an award made under the Industrial Relations Act. (5) Where, immediately before the commencement, there was in force: (a) an agreement under section 31 of the Australian Federal Police Act 1979; or (b) a determination by the Federal Police Arbitral Tribunal under Division 2 of Part V of that Act; the agreement or determination continues in force after the commencement, subject to the Industrial Relations Act, as if it were an award made under the Industrial Relations Act. (6) Where a determination within the meaning of section 43 of the Conciliation and Arbitration Amendment Act (No. 2) 1983 was, immediately before the commencement, in effect in accordance with subsection (2) of that section, the determination shall, for the purposes of subsection (1) of this section, be taken to be an award in force under the previous Act immediately before the commencement. ### Division 2—Proceedings pending in Federal Court #### 8 Certain proceedings to be dealt with under Industrial Relations Act (1) Where, immediately before the commencement: (a) a proceeding in a matter arising under the previous Act was pending in the Court; and (b) the hearing of the proceeding (other than any interlocutory hearing) had not started; Part III of the Industrial Relations Act as modified by subsection (2) applies in relation to the proceeding as if the proceeding had been instituted under the Industrial Relations Act. (2) Part III of the Industrial Relations Act has effect for the purposes of subsection (1) as if: (a) the reference in paragraph 53(2)(a) of that Act to questions referred to the Court under section 46 or 82 of that Act included a reference to questions referred to the Court under section 107 or 112 of the previous Act; (b) the reference in paragraph 53(2)(b) of the Industrial Relations Act to matters in relation to which applications are made to the Court under section 153 of that Act included a reference to matters in relation to which the applications were made to the Court under section 108 of the previous Act; (c) the reference in paragraph 53(2)(c) of the Industrial Relations Act to matters in relation to which applications are made to the Court under section 294 of that Act included a reference to matters in relation to which applications were made to the Court under section 143 of the previous Act; (d) the reference in section 55 of the Industrial Relations Act to a judgment given in an inquiry referred to in section 219 or 253M of that Act included a reference to a judgment given in: (i) an inquiry in relation to which an application was lodged under section 159 of the previous Act; or (ii) an inquiry into an amalgamation instituted under regulation 146ZA of the Conciliation and Arbitration Regulations; (e) the reference in paragraph 57(3)(a) of the Industrial Relations Act to a matter arising under section 46, 51, 61 or 82 of that Act included a reference to a matter arising under section 107, 109, 110 or 112 of the previous Act; (f) the reference in paragraph 57 (3) (a) of the Industrial Relations Act to a matter arising under Part IX (other than Subdivision G of Division 7 or Division 8) of that Act included a reference to a matter arising under Part VIII, VIIIA, VIIIAA or IX of the previous Act; (g) the reference in subsection 58(8) of the Industrial Relations Act to proceedings under section 56 included a reference to proceedings under section 113 of the previous Act; and (h) the reference in paragraph (a) of the definition of relevant proceeding in subsection 58(10) of the Industrial Relations Act to proceedings under section 46, 51, 61, 82 or 153 of that Act included a reference to proceedings under section 107, 108, 109, 110 or 112 of the previous Act. (3) This section has effect subject to Division 5. #### 9 Certain proceedings to be continued under previous Act (1) Where, immediately before the commencement: (a) a proceeding in a matter arising under the previous Act was pending in the Court; and (b) the hearing of the proceeding (other than any interlocutory hearing) had started, but had not been completed; the Court may complete the hearing and determination of the proceeding as if the previous Act had not been repealed. (2) This section has effect subject to Division 5. #### 10 Appeals from Federal Court An appeal lies, as if the previous Act had not been repealed, from a judgment of the Court given in a proceeding determined by the Court under section 9 of this Act, and the appeal shall be dealt with as provided by section 21 of this Act. ### Division 3—Proceedings to be dealt with by new Commission #### 11 Uncompleted proceedings before former Commission etc. (1) Where, immediately before the commencement, a proceeding before the former Commission or the Tribunal has not been completed, the proceeding shall be dealt with after the commencement by the new Commission. (2) Where the new Commission is dealing with a proceeding under subsection (1): (a) all documents filed or lodged in the proceeding with a former Registrar shall be transmitted to the Industrial Registrar; (b) any money lodged in relation to the proceeding with a former Registrar shall be transferred to the Industrial Registrar and dealt with as if it had been lodged with the Industrial Registrar; (c) all things done in relation to the proceeding in the former Commission or the Tribunal shall be taken to have been done in relation to the proceeding in the new Commission; and (d) the new Commission shall have regard to the evidence given, the arguments adduced and any award, order or determination made in the proceeding before the commencement, to the extent that such evidence, argument, award, order or determination is relevant to the provisions under which the new Commission is dealing with the proceeding. (3) In this section: > proceeding includes a matter, or a question arising in a matter, referred to the former Commission under section 88E of the previous Act. > Tribunal means the Flight Crew Officers Industrial Tribunal. #### 12 Federal Police Arbitral Tribunal (1) Where: (a) before the commencement, a matter was submitted to the Tribunal under section 46 of the Australian Federal Police Act 1979; and (b) immediately before the commencement, the hearing of the matter had not started; the matter shall, after the commencement, be dealt with by the new Commission under the Industrial Relations Act as if it were an alleged industrial dispute that had been notified under section 99 of that Act. (2) Where, immediately before the commencement, the hearing of a matter by the Tribunal had started but had not been completed, the matter shall, after the commencement, be dealt with by the new Commission under the Industrial Relations Act as if it were an industrial dispute within the meaning of that Act. (3) Where the new Commission is dealing with a matter under subsection (2): (a) all things done in relation to the matter in the Tribunal shall be taken to have been done in relation to the matter in the new Commission; and (b) the new Commission shall have regard to the evidence given, the arguments adduced and any award or determination made in the matter before the commencement. (4) The new Commission shall take possession of, and be entitled to the custody of, all documents that were in the possession or under the control of the Tribunal immediately before the commencement. (5) In this section, Tribunal means the Federal Police Arbitral Tribunal. #### 13 References to proceedings and matters (1) References in the Industrial Relations Act to proceedings or matters before the new Commission include references to proceedings or matters that, under this Part, are being dealt with after the commencement by the new Commission. (2) References in section 34 of the Industrial Relations Act to the hearing of a matter having been commenced shall, in the case of a matter arising in a proceeding that, under this Part, is being dealt with after the commencement by the new Commission, be references to the hearing of the matter by the new Commission having been commenced. #### 14 Industrial disputes notified under previous Act (1) Where: (a) before the commencement, an industrial dispute was notified under section 25 of the previous Act, or the relevant Presidential Member under that Act otherwise became aware of an industrial dispute as mentioned in subsection 25(3) of that Act; and (b) immediately before the commencement, the industrial dispute had not been finally dealt with under that Act; the industrial dispute shall, after the commencement, be dealt with, as provided by section 11 of this Act, in accordance with subsection (2) of this section. (2) The industrial dispute shall be dealt with under the Industrial Relations Act as if: (a) it had been notified under section 99 of that Act or the relevant Presidential Member had otherwise become aware of it as mentioned in section 100 of that Act; (b) any reference of the industrial dispute under subsection 25(4) of the previous Act had been done under subsection 100(1) of the Industrial Relations Act; (c) any findings made under section 24 of the previous Act in relation to the industrial dispute had been made under section 101 of the Industrial Relations Act; and (d) any conciliation proceeding, conference or arbitration proceeding that took place under the previous Act had taken place under the Industrial Relations Act. #### 15 References to industrial disputes (1) This Act and the Industrial Relations Act have effect, in relation to matters that were before the former Commission before the commencement, as if references to an industrial dispute included references to: (a) an industrial dispute within the meaning of the previous Act; (b) an industrial question within the meaning of Division 1A, 2 or 4 of Part III of the previous Act; (c) an industrial question in relation to the Railway Service within the meaning of Division 4 of Part IV of the Australian National Railways Commission Act 1983; (d) an industrial question in relation to the Commonwealth Teaching Service within the meaning of Division 7 of Part III of the Commonwealth Teaching Service Act 1972; (e) an industrial question in relation to the Australian Postal Commission Service within the meaning of Division 8 of Part V of the Postal Services Act 1975; (f) an industrial question in relation to the Australian Telecommunications Commission Service within the meaning of Division 8 of Part V of the Telecommunications Act 1975; (g) an industrial dispute in the Northern Territory to which the previous Act applied under section 53 of the Northern Territory (Self‑Government) Act 1978; and (h) an industrial dispute in the Australian Capital Territory to which the previous Act (other than Division 1A of Part III of that Act) applied under section 5 of the Seat of Government (Administration) Act 1910. (2) This Act and the Industrial Relations Act have effect, in relation to matters that were before the Flight Crew Officers Industrial Tribunal before the commencement, as if references to an industrial dispute included references to an industrial question within the meaning of Part IIIA of the previous Act. #### 16 Presidential Member may refer certain matters to Registrar (1) Where, under section 34, 45, 48, 58 or 66, a new Presidential Member is dealing with a matter that was, before the commencement, being dealt with by a former Registrar, the new Presidential Member may refer the matter to a Registrar to be dealt with as provided by the section concerned. (2) Where a matter is referred to a Registrar by a new Presidential Member under subsection (1), the Registrar shall deal with the matter as if the Registrar were a Presidential Member, and the Industrial Relations Act applies in relation to a decision made by the Registrar in dealing with the matter as if the decision had been made by the new Presidential Member. #### 17 President may resolve difficulties Where any difficulty arises in the application of this Division to a particular proceeding, the President may, subject to any order made by the Court under section 95, give directions not inconsistent with the Industrial Relations Act to resolve the difficulty. ### Division 4—General provisions #### 18 References to persons or bodies appointed or established under Industrial Relations Act Where, under this Act, a provision of the Industrial Relations Act has effect as if references in the provision to things done under that Act included references to things done under a provision of the previous Act, references in the provision of the Industrial Relations Act to a thing done by or in relation to the new Commission, a member of the new Commission, the Industrial Registrar or a Registrar shall, in relation to things done before the commencement, be read as references to things done by or in relation to the former Commission, a member of the former Commission, the former Industrial Registrar or a former Registrar, as the case may be. #### 19 Provisions of previous Act imposing obligations for specified periods etc. Where: (a) under a provision of the previous Act, an obligation was imposed on a person or body to do an act or thing for a specified period or within a specified period; and (b) immediately before the commencement, that period had not expired; the provision continues to operate in relation to the obligation as if the previous Act had not been repealed, but a contravention of the provision committed after the commencement shall be taken to be an offence against the Industrial Relations Act. #### 20 Continued operation of provisions of previous Act (1) Where, under this Act, a provision of the previous Act continues to operate, or continues to operate in particular circumstances, after the commencement, any other provisions of the previous Act, and any provisions of the regulations made under that Act, that are necessary for the effectual operation of that first‑mentioned provision also continue to operate. (2) Where: (a) under this Act (including subsection (1)), a provision of the previous Act continues to operate, or continues to operate in particular circumstances, after the commencement; and (b) the provision imposes a penalty for a contravention of that or another provision; any contravention committed after the commencement shall be taken to be an offence against the Industrial Relations Act. #### 21 Law to be applied in appeals (1) Where, under this Act: (a) an appeal instituted before the commencement may be continued and completed after the commencement; or (b) an appeal may be instituted after the commencement against a decision made or judgment given: (i) before the commencement; or (ii) after the commencement in proceedings instituted before the commencement; the law that is to be applied for the purposes of the appeal is the same as the law that would be applied, under this Act, in a relevant original proceeding that started before the commencement and was continued after the commencement. (2) In this section, relevant original proceeding, in relation to an appeal, means a proceeding of the kind in which the decision or judgment appealed against was made. #### 22 Presidential Member dealing with applications under previous Act Where, under this Act, a new Presidential Member is dealing with an application made to a former Registrar under the previous Act: (a) all things done in relation to the application before the commencement shall be taken to have been done for the purposes of the application being dealt with by the new Presidential Member; and (b) the new Presidential Member shall have regard to any evidence given or arguments presented in relation to the application before the commencement, to the extent that the evidence or argument is relevant to the provisions under which the new Presidential Member is dealing with the application. #### 23 Documents or money filed or lodged under previous Act Any document or money filed or lodged with a former Registrar under the previous Act that is not expressly provided for in another provision of this Part shall, after the commencement, be transmitted or transferred to the Industrial Registrar and shall be dealt with as if it had been filed or lodged under the Industrial Relations Act. ### Division 5—Operation of particular provisions of previous Act and Industrial Relations Act #### 24 Appeals to Full Bench of Commission (1) An appeal lies to a Full Bench, with the leave of the Full Bench, against a relevant decision made within the period of 21 days immediately before the commencement. (2) A Full Bench shall grant leave to appeal under subsection (1) if, in its opinion, the matter is of such importance that, in the public interest, leave should be granted. (3) An appeal under this section may be instituted by a person who, under the previous Act or the Australian Federal Police Act 1979, could have instituted an appeal against the relevant decision before the commencement. (4) Section 45 (other than subsections (1), (2) and (3)) of the Industrial Relations Act applies in relation to an appeal under this section in the same way as it applies in relation to appeals under section 45 of that Act. (5) Where any difficulty arises in the application of this section in a particular case, the President may, subject to any order made by the Court under section 95, give directions not inconsistent with the Industrial Relations Act to resolve the difficulty. (6) In this section, relevant decision means: (a) an award or decision referred to in paragraph 35(2)(a), (b) or (c) of the previous Act; (b) the making of an order, or the refusal to make an order, referred to in paragraph 35(2)(d) of the previous Act; (c) an award or decision of the Flight Crew Officers Industrial Tribunal referred to in paragraph 88ZG(2)(a), (b) or (c) of the previous Act; or (d) a determination or decision by the Federal Police Arbitral Tribunal referred to in paragraph 54(2)(a) or (b) of the Australian Federal Police Act 1979. #### 25 Questions referred to Court by Commission The references in subsections 46(2) and (3) of the Industrial Relations Act to questions referred to the Court under section 46 of that Act include: (a) in the case of matters that were before the former Commission before the commencement—references to questions referred to the Court under section 107 of the previous Act; and (b) in the case of matters that were before a former Registrar before the commencement but are being dealt with after the commencement by a Presidential Member‑references to questions referred to the Court under section 112 of the previous Act. #### 26 Register of organisations The Register of Organisations kept by the Industrial Registrar under the previous Act shall be taken to be part of the register required to be kept under paragraph 63(1)(a) of the Industrial Relations Act. #### 27 Questions referred to Commission Section 79 of the Industrial Relations Act applies in relation to a matter or question being dealt with by the new Commission under section 11 of this Act as if the reference in subsection 79(2) of the Industrial Relations Act to referring the matter or question back to the Registrar were a reference to referring the matter or question to the Registrar or Presidential Member who is, under this Act, dealing with the matter or the matter in connection with which the question arose, as the case may be. #### 28 Appeals from acts and decisions of Registrar under previous Act (1) Where, immediately before the commencement, an application under section 88F of the previous Act for leave to appeal from an act or decision of a former Registrar had not been granted or refused, the application, and any appeal for which leave is granted, shall be dealt with by the new Commission under section 81 of the Industrial Relations Act in accordance with section 21 of this Act. (2) The references in section 81 of the Industrial Relations Act to a decision or act of a Registrar in a matter arising under that Act include references to a decision or act of a Registrar made under the previous Act, within the period of 21 days immediately preceding the commencement, in relation to a matter as defined for the purposes of Division 6 of Part III of the previous Act, not being a decision or act in relation to which an application for leave to appeal had been made under that Act before the commencement. #### 29 Questions referred to Court by Registrar The reference in subsection 82(2) of the Industrial Relations Act to a question referred to the Court under section 82 of that Act includes a reference to a question referred to the Court under section 112 of the previous Act, being a question arising in a matter that was before a former Registrar before the commencement and is being dealt with after the commencement by a Registrar. #### 30 Inspectors appointed under previous Act An appointment of a person as an Inspector under subsection 125(2) of the previous Act that was in force immediately before the commencement shall, after the commencement, be taken to have been made under subsection 84(2) of the Industrial Relations Act. #### 31 Certain matters to be dealt with by Full Bench Section 106 of the Industrial Relations Act has effect as if the reference in subsection (2) to determinations of, or principles determined by, a Full Bench included a reference to determinations of, or principles determined by, a Full Bench of the former Commission. #### 32 Review of certain awards and decisions (1) Section 109 of the Industrial Relations Act has effect as if: (a) references in that section to an award included references to an award made by a member of the former Commission or by the Flight Crew Officers Industrial Tribunal, within the period of 21 days immediately before the commencement, not being an award in relation to which an application for review was made under the previous Act before the commencement; and (b) references in that section to a decision to certify an agreement under section 115 of the Industrial Relations Act included references to a decision to certify a memorandum under section 28 of the previous Act made not earlier than 21 days before the commencement, not being a decision in relation to which an application for review was made under the previous Act before the commencement. (2) A review of an award or decision started on application under section 36A of the previous Act but not completed before the commencement shall, after the commencement, be dealt with under section 109 of the Industrial Relations Act as if the application had been made under that section. #### 33 Exercise of conciliation powers before commencement The references in section 105 of the Industrial Relations Act to a member of the new Commission having exercised conciliation powers in relation to an industrial dispute include references to a member of the new Commission, in the capacity of member of the former Commission, having exercised, under the previous Act, powers in relation to conciliation in relation to the industrial dispute (other than powers of the kind referred to in subsection 105(2) of the Industrial Relations Act). #### 34 Demarcation orders (1) An application made under section 142A of the previous Act that had not been finally dealt with before the commencement shall, after the commencement, be dealt with by the new Commission under that section as if that Act had not been repealed. (2) Subsection (1) applies as if references in the previous Act to the former Industrial Registrar were references to a designated Presidential Member. #### 35 Certified memorandums A request made under subsection 28(1) of the previous Act for the certification of a memorandum, being a request that had not been finally dealt with before the commencement, shall, after the commencement, be dealt with by the new Commission under section 28 of that Act as if that Act had not been repealed. #### 36 Stand‑down applications The references in section 126 of the Industrial Relations Act to a stand‑down application include references to an application made under section 33A of the previous Act that had not been finally dealt with before the commencement. #### 37 References to Local Industrial Boards Where: (a) before the commencement, the former Commission had referred an industrial dispute to a Local Industrial Board within the meaning of the previous Act for investigation and report under section 44 of that Act; and (b) the Local Industrial Board had not reported to the former Commission before the commencement; the new Commission may, after the commencement: (c) at any time revoke the reference; or (d) rely on any report given to it by the Local Industrial Board as if it were a report received under section 130 of the Industrial Relations Act. #### 38 Inspection The reference in subsection 134(2) of the Industrial Relations Act to a power or function conferred by that Act includes a reference to a power or function conferred by this Act. #### 39 Ballots relating to industrial action (1) An application made under subsection 45(3A) of the previous Act that had not been finally dealt with before the commencement shall, after the commencement, be dealt with by the new Commission as if it had been made under subsection 136(1) of the Industrial Relations Act. (2) A secret ballot ordered under section 45 of the previous Act that had started, but had not been finished, before the commencement shall, after the commencement, be finished under that section as if that Act had not been repealed and a reference to the former Industrial Registrar were a reference to the Industrial Registrar. (3) The Industrial Relations Act has effect as if: (a) references in that Act to applications made under subsection 136(1) of that Act included references to applications made under subsection 45(3A) of the previous Act; (b) the reference in subsection 136(4) of the Industrial Relations Act to an application referred to the President under paragraph 136(3)(e) of that Act included a reference to an application referred under subsection 45(3E) or (3F) of the previous Act; (c) the reference in paragraph 136(8)(a) of the Industrial Relations Act to an order for a secret ballot under subsection 136(2) or 135(1) or (2) of that Act included a reference to an order for a secret ballot under section 45 of the previous Act; (d) references in sections 135, 136, 138 and 139 of the Industrial Relations Act to an order under section 135 or 136 of that Act included references to an order under section 45 of the previous Act, unless the holding of the secret ballot had started before the commencement; (e) references in section 138 of the Industrial Relations Act to an order under subsection 136(2) of that Act included references to an order under subsection 45(3D) of the previous Act; (f) the reference in subsection 138(5) of the Industrial Relations Act to the result of a ballot being communicated to the new Commission included a reference to the new Commission becoming aware of the result of a ballot held before the commencement, unless the former Industrial Registrar had, before the commencement, informed persons of the result of the ballot as mentioned in subsection 45A(4) of the previous Act; and (g) the reference in subsection 140(1) of the Industrial Relations Act to a notice under subsection 138(5) of that Act included a reference to a notice under subsection 45A(4) of the previous Act. #### 40 Common rules (1) A common rule in force under the previous Act immediately before the commencement remains in force after the commencement as if it had been declared under section 141 of the Industrial Relations Act, and section 142 of the Industrial Relations Act applies in relation to the common rule accordingly. (2) A hearing started under section 49 or 70K of the previous Act, but not completed before the commencement, shall be continued and completed by the Commission after the commencement, and section 141 of the Industrial Relations Act applies for the purposes of the continuation and completion of the hearing. (3) A hearing started under section 49A of the previous Act (including that section as it had effect under subsection 70K(3) of the previous Act), but not completed before the commencement, shall be continued and completed by the Commission after the commencement, and section 142 of the Industrial Relations Act applies for the purposes of the continuation and completion of the hearing. #### 41 Employers bound by awards An employer who was, immediately before the commencement, bound by an award under paragraph 61(d) of the previous Act remains bound by the award after the commencement, subject to the other provisions of the Industrial Relations Act, even though the employer would not after the commencement be bound by the award under paragraph 149(d) of the Industrial Relations Act. #### 42 Disputes relating to boycotts Where a proceeding in relation to a dispute to which Division 5A of Part III of the previous Act applied is, under section 11 of this Act, to be dealt with after the commencement by the new Commission, Division 7 of Part VI of the Industrial Relations Act applies in relation to the proceeding as if: (a) the dispute had been notified under section 157 of the Industrial Relations Act; and (b) action previously taken in and in relation to the proceeding had been taken under Division 7 of Part VI of the Industrial Relations Act. #### 43 Port Conciliators A person who, immediately before the commencement, held office as a Port Conciliator under section 85A of the previous Act shall be taken to have been appointed as a Port Conciliator under section 168 of the Industrial Relations Act at the commencement. #### 44 Joint proceedings Where a proceeding in relation to which section 22AA of the previous Act applied immediately before the commencement is, under section 11 of this Act, to be dealt with after the commencement by the new Commission, section 175 of the Industrial Relations Act applies in relation to the proceeding. #### 45 Registration of organisations (1) An application for registration as an organisation that was made under section 132 of the previous Act before 28 April 1988, but had not been finally dealt with before the commencement, shall, after the commencement, be dealt with by the new Commission under that section as if that Act had not been repealed. (2) Subsection (1) applies as if references in the previous Act to the former Industrial Registrar were references to a designated Presidential Member. (3) An application for registration as an organisation that was made under section 132 of the previous Act on or after 28 April 1988 and before the commencement shall, after the commencement, be dealt with by a designated Presidential Member under Division 1 of Part IX of the Industrial Relations Act as if it were an application made under the Industrial Relations Act. #### 46 Certificates of registration Subsection 191(6) of the Industrial Relations Act has effect as if: (a) the reference to the certificate of registration issued under subsection (4) of that section included a reference to a certificate of registration issued under the previous Act; and (b) the reference to a certificate as amended under section 206 of the Industrial Relations Act included a reference to a certificate as amended under the previous Act. #### 47 Secret postal ballots (1) An organisation that was exempted from the application of subsection 133AA(1) of the previous Act in relation to the last election held before the commencement is exempted from the application of subsection 198(1) of the Industrial Relations Act for the period starting at the commencement and ending: (a) where an application under subsection (2) has been made within 3 months after the commencement‑on the grant or refusal of the application; or (b) in any other case‑3 months after the commencement. (2) The Industrial Registrar may, on application by an organisation to which subsection (1) applies, grant to it an exemption from subsection 198(1) of the Industrial Relations Act if the Industrial Registrar is satisfied: (a) that its rules provide for the conduct of elections of the kind referred to in that subsection by secret ballot other than postal ballot; and (b) that the conduct of elections under those rules: (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and (ii) will afford to members entitled to vote an adequate opportunity of voting without intimidation. (3) An exemption granted under subsection (2) shall be taken to have been granted under subsection 198(3) of the Industrial Relations Act. (4) Subsection 81(1) of the Industrial Relations Act does not apply to a decision of the Industrial Registrar under this section. (5) Where, at the commencement, the rules of an organisation (other than an organisation to which subsection (1) applies) do not provide for the conduct of elections of the kind referred to in subsection 198(1) of the Industrial Relations Act by secret postal ballot, any such election conducted after the commencement but before the rules provide for such elections to be conducted by secret postal ballot shall, unless the organisation has been granted an exemption under subsection 198(3) of that Act, be conducted by secret postal ballot. #### 48 Change of name or alteration of eligibility rules (1) Where an application for consent to a change in the name, or an alteration of the rules, of an organisation was made under subsection 139(1) of the previous Act, but consent had not been granted or refused under section 139 of that Act, before the commencement, the application shall, after the commencement, be dealt with by a designated Presidential Member under section 204 and clause 3 of Schedule 4 of the Industrial Relations Act as if it had been made for the purposes of subsection 204(1) of that Act. (2) Section 206 of the Industrial Relations Act has effect as if the reference in that section to a change in the name of an organisation, or an alteration of the eligibility rules of an organisation, under that Act included a reference to a change or alteration under a provision of that Act, or of the previous Act, as applied under this Act. #### 49 Alteration of rules other than eligibility rules Where particulars of an alteration of the rules of an organisation were filed as described in subsection 139(4) of the previous Act, but the alteration had not been certified under that subsection or otherwise dealt with for the purposes of that subsection, before the commencement, the alteration shall, after the commencement, be dealt with under section 205 of the Industrial Relations Act as if particulars of that alteration had been lodged under that section. #### 50 Period within which rules must be made consistent with Industrial Relations Act (1) The Industrial Registrar shall not exercise the power conferred by subsection 203(1) of the Industrial Relations Act until 12 months after the commencement. (2) A relevant application shall not be made to the Court for an order under section 208 of the Industrial Relations Act in relation to an organisation before the relevant day in relation to the organisation. (3) In subsection (2): > relevant application means an application alleging that the whole or a part of a rule of an organisation contravenes section 196 of the Industrial Relations Act or that the rules of an organisation contravene that section in a particular respect, if the rule concerned or the rules did not, immediately before the commencement, contravene subsection 140(1) of the previous Act or that subsection in the equivalent respect, as the case may be. > relevant day, in relation to an organisation, means: (a) the day 12 months after the commencement; or (b) the first day after the commencement on which an alteration of the rules of the organisation is made under the rules of the organisation; whichever is earlier. #### 51 Orders in relation to rules (1) An application for an order under subsection 140(2) of the previous Act that had not been finally dealt with before the commencement shall, after the commencement, be dealt with, in spite of Division 2 of this Part, under the provisions of section 140 of the previous Act as modified by subsection (3). (2) Where: (a) before the commencement the Court had made a declaration under section 140 of the previous Act; and (b) at the commencement, the period of 3 months referred to in paragraph 140(7)(b) of that Act, or that period as extended under subsection 140(9) of that Act, had not expired; section 140 of that Act as modified by subsection (3) applies in relation to that declaration. (3) Section 140 of the previous Act has effect for the purposes of subsections (1) and (2) of this section as if: (a) the reference in paragraph 140(7)(b) of the previous Act to the former Industrial Registrar were a reference to the Industrial Registrar; and (b) subsection 140(8) of the previous Act were omitted. (4) An alteration of the rules of an organisation determined under section 140 of the previous Act as it has effect under this section takes effect on the date of the instrument by which the alteration is determined. #### 52 Order directing performance of rules (1) An application for an order under section 141 of the previous Act that has not been finally dealt with before the commencement shall, after the commencement, be dealt with, in spite of Division 2 of this Part, as if it had been made under section 209 of the Industrial Relations Act. (2) Section 209 of the Industrial Relations Act has effect in relation to an application referred to in subsection (1) of this section as if the reference in subsection 209(5) of the Industrial Relations Act to an order under subsection 209 (4) of that Act included a reference to an order under subsection 141(2) of the previous Act. #### 53 Elections under previous Act An election: (a) for which nominations had been called before the commencement; or (b) in relation to which arrangements had been made with the Electoral Commissioner under section 165A or 170 of the previous Act before the commencement; that had not been finished before the commencement shall be continued and finished after the commencement as if the previous Act had not been repealed. #### 54 Elections after commencement (1) Sections 210 and 214 of the Industrial Relations Act do not apply in relation to an election for an office in an organisation that is started within the relevant period after the commencement. (2) Sections 170, 170A and 171 of the previous Act, and regulations 139 and 140 of the Conciliation and Arbitration Regulations, apply in relation to an election for an office in an organisation that is started within the relevant period after the commencement as if: (a) the previous Act had not been repealed; and (b) references in those sections to former Registrars were references to Registrars. (3) For the purposes of this section, an election shall be taken to start on the day on which nominations open. (4) In this section, relevant period, in relation to an organisation, means: (a) if, within the period of 12 months after the commencement, the organisation lodges an application under subsection 211(1) of the Industrial Relations Act—the period starting at the commencement and ending: (i) when the application is granted or refused; or (ii) 12 months after the commencement; whichever is later; or (b) where paragraph (a) does not apply—the period of 12 months after the commencement. #### 55 Inquiries into elections (1) Where: (a) an application for an inquiry into an election was lodged under section 159 of the previous Act before the commencement; and (b) at the commencement, the inquiry had not been instituted, but the application had not been refused under section 160 of the previous Act; the Industrial Registrar shall, as soon as practicable after the commencement, refer the application to the Court, which shall deal with the application as if it had been lodged with the Court under section 218 of the Industrial Relations Act. (2) An inquiry into an election instituted before the commencement shall be dealt with after the commencement as if the application for the inquiry had been made under section 218 of the Industrial Relations Act. (3) Section 218 of the Industrial Relations Act applies in relation to an election held before the commencement in relation to which an application was not made under section 159 of the previous Act. #### 56 Prescribed offences Section 227 of the Industrial Relations Act has effect as if the following paragraph were inserted before paragraph (a) of the definition of prescribed offence in subsection (1): “(aa) an offence against section 46, 158M, 160, 166, 169, 169A, 170A or 171 of the previous Act or an offence against regulation 146AS of the Conciliation and Arbitration Regulations;”. #### 57 Disqualifications from office Section 228 of the Industrial Relations Act applies in relation to a person who was convicted of a prescribed offence before the commencement as if there were inserted before paragraph (1)(a) the following paragraph: “(aa) on an application made under section 132C or 132D of the previous Act in relation to the conviction of the person for the prescribed offence: (i) the person was granted leave to become, or to continue to be, a candidate for election, or to be appointed, to an office within an organisation or to continue to hold an office within an organisation; or (ii) the person was refused leave to become, or to continue to be, a candidate for election, or to be appointed, to an office within an organisation or to continue to hold an office within an organisation but: (A) under paragraph 132C(2)(b) or 132D(2)(b) of the previous Act, the Federal Court specified a period for the purposes of subsection 132B(1) of the previous Act; and (B) that period has elapsed since the person was convicted of the prescribed offence or, if the person served a term of imprisonment in relation to the prescribed offence, since the person was released from prison;”. #### 58 Amalgamations (1) Where a scheme for a proposed amalgamation was submitted under subsection 158F(1) of the previous Act before the commencement but, before the commencement, the amalgamation had neither taken effect nor been rejected by the members of the organisations concerned, then, subject to subsections (2) and (4), the proposed amalgamation shall continue to be dealt with, and may take effect, as if the Industrial Relations Act had not been enacted and as if the previous Act had not been repealed. (2) Where, immediately before the commencement, none of the ballots in relation to a proposed amalgamation had been started, sections 243 to 253 (inclusive) of the Industrial Relations Act apply in relation to the proposed amalgamation as if: (a) the submission of the proposed amalgamation to ballot had been approved by a designated Presidential Member under section 240 or 242 of that Act; (b) the reference in subsection 243(5) to the scheme for the amalgamation having been amended under Division 7 of Part IX of the Industrial Relations Act included a reference to the scheme having been amended under the previous Act; (c) the reference in paragraph 246(1)(a) to a declaration having been made under section 239 of the Industrial Relations Act included a reference to a declaration having been made under section 158FA of the previous Act; and (d) anything else done under the previous Act in relation to the proposed amalgamation had been done under the corresponding provision of Division 7 of Part IX of the Industrial Relations Act. (3) For the purposes of subsection (2), a ballot shall be taken to have been started when notice of the ballot was published in the Gazette under subsection 158L(1) of the previous Act. (4) A proposed amalgamation in relation to which a scheme was submitted to the former Industrial Registrar under section 158F of the previous Act, and that has not taken effect before the commencement, may be withdrawn by the bodies that submitted the scheme at any time before it takes effect. (5) Subsection (1) applies as if references in the previous Act to the former Industrial Registrar included references to a designated Presidential Member. #### 59 Validating provisions An application made before the commencement under section 171C, 171D, 171E or 171G of the previous Act that had not been finally dealt with before the commencement shall, after the commencement, be dealt with, in spite of Division 2 of this Part, as if it had been made under section 258, 259, 260 or 257, as the case may be, of the Industrial Relations Act. #### 60 Entitlement to membership of organisations An application made under subsection 144(5) of the previous Act that had not been finally dealt with before the commencement shall, after the commencement, be dealt with, in spite of Division 2 of this Part, as if it had been made under subsection 261(7) of the Industrial Relations Act. #### 61 Resignation from organisation before commencement Where, before the commencement, a person resigned his or her membership of an organisation in accordance with section 145 of the previous Act but, at the commencement, the resignation had not taken effect, the resignation takes effect on the day on which it would have taken effect if the previous Act had not been repealed. #### 62 Certificate of conscientious beliefs (1) A certificate issued to a person under section 144A of the previous Act that was in force immediately before the commencement shall, for the remaining period for which that certificate would have continued in force if the previous Act had not been repealed, be taken to be a certificate issued to the person under subsection 267(1) of the Industrial Relations Act. (2) An application made to a former Registrar under section 144A of the previous Act that, immediately before the commencement, had not been granted or refused shall, after the commencement, be dealt with by a Registrar as if it had been made under section 267 of the Industrial Relations Act. #### 63 Records to be kept etc. by organisations (1) The register of members kept by an organisation under subsection 152(1) of the previous Act shall be taken to be part of the register of members required to be kept by the organisation under subsection 268(1) of the Industrial Relations Act. (2) Where an organisation had been granted permission under subsection 152(9B) of the previous Act to keep records referred to in subsection 152(1) of the previous Act at specified premises and, immediately before the commencement, the permission had not been revoked, the permission shall, after the commencement, be taken to have been granted under subsection 268(8) of the Industrial Relations Act in relation to the same premises and in relation to the records referred to in subsection 268(1) of the Industrial Relations Act. #### 64 Accounts and audit In relation to an organisation that was, immediately before the commencement, registered under the previous Act: (a) Division 11 of Part IX of the Industrial Relations Act does not apply in relation to a financial year of the organisation that started before the commencement; and (b) Part VIIIAA of the previous Act continues to apply, as if the previous Act had not been repealed, in relation to a financial year referred to in paragraph (a). #### 65 Disputes referred to Local Industrial Boards Section 174 of the Industrial Relations Act has effect, in relation to an industrial dispute that was referred to a Local Industrial Board under subsection 44B(1) of the previous Act and that had not been settled by the Local Industrial Board before the commencement, as if: (a) references in section 174 of the Industrial Relations Act to an industrial dispute referred under subsection (1) of that section included references to the industrial dispute referred under subsection 44B(1) of the previous Act; and (b) references in section 174 of the Industrial Relations Act to a State authority included references to the Local Industrial Board to which the industrial dispute was referred. #### 66 Cancellation of registration (1) An application for an order under section 143 of the previous Act that had not been finally dealt with immediately before the commencement shall, after the commencement, be dealt with, in spite of Division 2 of this Part, under the provisions of section 143 of the previous Act as modified by subsections (2) and (3). (2) Section 143 of the previous Act has effect for the purposes of subsection (1) of this section as if: (a) references to the previous Act were references to the Industrial Relations Act; and (b) subsections 143(4) to (6) (inclusive) were omitted. (3) Where a former Registrar has, before the commencement, commenced to consider whether the registration of an organisation should be cancelled under subsection 143(3G) of the previous Act, the registration of the organisation may be cancelled under that subsection as if the previous Act had not been repealed. (4) Where the registration of an organisation is cancelled under section 143 of the previous Act as it has effect under this section, the registration of the organisation under the Industrial Relations Act shall be taken to be cancelled. (5) Subsections (1) and (3) apply as if references in the previous Act to a former Registrar included references to a designated Presidential Member. (6) Sections 297 and 298 of the Industrial Relations Act apply in relation to the cancellation of the registration of an organisation under section 143 of the previous Act as it has effect under this section. #### 67 Enforcement of awards (1) A proceeding under section 119 of the previous Act that, before the commencement, had not been completed shall, after the commencement, be dealt with, in spite of Division 2 of this Part, as if the previous Act had not been repealed. (2) Where a proceeding referred to in subsection (1) was instituted by a former Registrar or an Inspector under the previous Act, a Registrar or inspector under the Industrial Relations Act shall, at the commencement, take the place of the former Registrar or the Inspector, as the case may be, and the proceeding shall continue accordingly. #### 68 Enforcement of judgments (1) Where, before the commencement, a former Registrar had given a certificate under section 121 of the previous Act, the certificate may be enforced under that section after the commencement as if the previous Act had not been repealed. (2) Where: (a) a penalty was imposed, or an order made for the payment of an amount or of any costs or expenses, under the previous Act; and (b) section 121 of the previous Act applied in relation to the penalty or order immediately before the commencement; section 357 of the Industrial Relations Act has effect in relation to the penalty or order as if: (c) the reference in paragraph (1)(a) to section 178 were a reference to subsection 119(1) of the previous Act; (d) the reference in paragraph (1)(b) to subsection 178(6) were a reference to subsection 119(3) of the previous Act; and (e) the reference in paragraph (1)(c) to section 311 were a reference to section 122 of the previous Act. #### 69 Recovery of wages etc. A proceeding under section 123 of the previous Act that, before the commencement, had not been completed shall, after the commencement, be dealt with, in spite of Division 2 of this Part, as if the previous Act had not been repealed. #### 70 Unclaimed money (1) Section 180 of the Industrial Relations Act applies in relation to an employee who left the employment of an employer before the commencement if, before the commencement, no payment had been made to the Commonwealth under subsection 124(1) of the previous Act. (2) Subsection 180(2) of the Industrial Relations Act applies in relation to amounts that, immediately before the commencement, were held under subsection 124(2) of the previous Act. #### 71 Cancellation etc. of award (1) An application under section 62 of the previous Act that had not been finally dealt with before the commencement shall, after the commencement, be dealt with by a Full Bench of the new Commission under section 62 of the previous Act. (2) Subsections 62(2) and (3) of the previous Act apply in relation to any suspension or cancellation of an award under subsection 62(1) of that Act as applied by subsection (1) of this section. (3) Where an application referred to in subsection (1) was made by a former Registrar, a Registrar shall, at the commencement, take the place of the former Registrar as the applicant and the proceeding shall continue accordingly. (4) The powers conferred by section 187 of the Industrial Relations Act may be exercised in reliance on conduct engaged in before the commencement, and, for that purpose, the reference in paragraph (4)(a) to the Industrial Relations Act includes a reference to the previous Act. #### 72 Offences relating to members of organisations Section 334 of the Industrial Relations Act has effect as if the references in paragraphs (1)(e), (2)(e) and (4)(b) of that section to an award included references to an industrial agreement continued in force by section 77 of this Act. #### 73 Offences by organisations in relation to industrial action Section 335 of the Industrial Relations Act has effect as if: (a) the reference in paragraph (1)(g) to a member having refused or failed to join in industrial action included a reference to a member having refused or failed, before the commencement, to join in industrial action within the meaning of the previous Act; (b) the reference in paragraph (1)(j) to an application for an order under section 136 of the Industrial Relations Act included a reference to an application for an order under subsection 45(3D) of the previous Act; and (c) the reference in paragraph (1)(j) to a secret ballot ordered under section 135 or 136 of the Industrial Relations Act included a reference to a secret ballot ordered under section 45 of the previous Act. #### 74 Bans clauses (1) Sections 33 and 119 of the previous Act as modified by subsection (2) continue to have effect, in relation to terms of awards of the kind referred to in paragraph 32(1)(a) of that Act, as if that Act had not been repealed. (2) Sections 33 and 119 of the previous Act have effect for the purposes of subsection (1) of this section as if: (a) references in those sections to a former Registrar included references to the Industrial Registrar; (b) references in those sections to a former Presidential Member included references to a new Presidential Member designated by the President of the new Commission for the purposes of this paragraph; (c) the reference in subsection 33(3) of the previous Act to the powers of the former Commission, including powers with respect to conciliation but not including powers that are exercisable only by a Full Bench, included a reference to the powers of the new Commission, including conciliation powers but not including powers that are exercisable only by a Full Bench of the new Commission; (d) the reference in subsection 33(6) of the previous Act to the objects of that Act were a reference to the objects of the Industrial Relations Act; (e) the reference in paragraph 119(2)(a) of the previous Act to a former Registrar included a reference to a Registrar; and (f) the reference in paragraph 119(2)(aa) of the previous Act to an Inspector included a reference to an inspector under the Industrial Relations Act. #### 75 Financial assistance The provisions of the previous Act relating to the granting of financial assistance in connection with proceedings under that Act continue to have effect, as if that Act had not been repealed, in relation to all proceedings started under that Act before the commencement. #### 76 Certificates etc. as to membership, members, rules etc. of organisations (1) A certificate of a kind referred to in section 155 of the previous Act given before the commencement shall, after the commencement, be prima facie evidence, in all courts and proceedings, that the facts are as stated. (2) A list of the members and officers of an organisation or association, or of a branch of an organisation or association, filed before the commencement with a former Registrar, or a copy of any such list certified before the commencement by a former Registrar, as described in section 156 of the previous Act shall, after the commencement, be evidence that the persons named in the list were, at the date when the list was filed, members of the organisation, association or branch, and that those officers were duly appointed. (3) A copy of the rules of an organisation certified before the commencement as described in section 157 of the previous Act shall, after the commencement, be prima facie evidence of the rules of the organisation. #### 77 Industrial agreements (1) An industrial agreement under Part X of the previous Act that had been executed by all the parties to the industrial agreement before the commencement and that was in force immediately before the commencement shall, after the commencement, continue to have the same effect as it would have had if the previous Act had not been repealed. (2) Part X of the previous Act has effect in relation to an industrial agreement to which subsection (1) applies as if: (a) references in that Part to the former Industrial Registrar, or the former Registrar, were references to the Industrial Registrar, or to a Registrar, as the case may be; (b) subsection 177(2) of the previous Act were omitted and the following subsection were substituted: “(2) Such penalties may be proceeded for and recovered in the same manner as penalties for breach of an award under the Industrial Relations Act 1988.”; (c) section 178 of the previous Act were omitted; (d) the reference in section 179 of the previous Act to employment to which Division 1A of Part III of that Act applies were a reference to public sector employment; and (e) the first reference in section 179 of the previous Act to the former Commission were a reference to the new Commission and the second reference in that section to the former Commission included a reference to the new Commission. #### 78 Regulations In section 359 of the Industrial Relations Act, references to applications and proceedings under that Act include references to applications and proceedings that are to be dealt with or completed under that Act by virtue of this Act. ### Division 6—Miscellaneous #### 79 Abolition of Australian Industrial Court (1) Despite the repeal of the Conciliation and Arbitration Act 1904, the Australian Industrial Court is taken to continue in existence until 31 August 1998 as if that Act had not been repealed. (2) At the end of that day, the Australian Industrial Court ceases to exist. > Note: The last remaining judge of the Australian Industrial Court resigned on 31 August 1998. #### 80 Certain Deputy Presidents may hold office until age 70 etc. (1) A person appointed as the Vice President, a Senior Deputy President or a Deputy President under the Industrial Relations Act: (a) who was, immediately before the commencement, a Deputy President under the previous Act; and (b) who could, under section 60 of the Conciliation and Arbitration Act 1972, have remained a Deputy President until attaining the age of 70 years; holds office, subject to the provisions of the Industrial Relations Act other than subsection 16(1), as the Vice President, a Senior Deputy President or a Deputy President (as the case may be) under the Industrial Relations Act until attaining the age of 70 years. (2) A person who is a new Presidential Member and was, immediately before the commencement, a person referred to in paragraph 7(5)(a) of the previous Act is entitled to elect to have the same designation as a Judge of the Court. #### 81 Former Presidential Members entitled to pension Subject to subsection 5(1) of the Judges’ Pensions Act 1968, a person: (a) who, immediately before the commencement, was a Presidential Member of the former Commission; (b) to whom subsection 6(1) of the Judges’ Pensions Act 1968 would have applied if, immediately before the commencement, that person had attained the age of 60 years and retired; and (c) who, immediately after the commencement, does not hold an office of Presidential Member of the new Commission; shall be entitled to a pension under subsection 6(1) of the Judges’ Pensions Act 1968 as if the person had retired and attained the age of 60 years immediately before the commencement. #### 81A Application of Judges’ Pensions Act in certain circumstances (1) This section applies to a person who: (a) is a new Presidential Member on 1 March 1989; and (b) was, immediately before that day, a Presidential Member of the former Commission and an eligible employee for the purposes of the Superannuation Act 1976. (2) If a person to whom this section applies elects, by written notice given to the Minister before 31 January 1991, to cease to be an eligible employee for the purposes of the Superannuation Act 1976: (a) section 22 of the Industrial Relations Act applies in relation to that person as if the person had duly made an election under paragraph (2)(b) of that section; and (b) service of the person as a Presidential Member of the former Commission is taken to be service as a Judge for the purposes of the Judges’ Pensions Act 1968. #### 82 Continuation of exemption from qualifications for membership of organisation (1) If a person was, immediately before the commencement, an exempted member of an organisation, the person may, after the commencement, continue to be a member of the organisation even though the person would not, except for this subsection, be qualified to be a member of the organisation after the commencement. (2) In subsection (1), exempted member, in relation to an organisation, means a person: (a) who was, under paragraph 132(1)(b) or (c) of the Conciliation and Arbitration Act 1904 as in force immediately before the commencement of the Conciliation and Arbitration Amendment Act (No. 3) 1977, a member of the organisation; and (b) to whom the amendments of the Conciliation and Arbitration Amendment Act (No. 3) 1977 did not apply in relation to the person’s membership of the organisation, under subsection 132(5) of the previous Act. #### 83 Powers of inspectors to institute proceedings (1) In addition to the powers conferred on inspectors as mentioned in subsection 84(4) of the Industrial Relations Act, an inspector may institute any proceeding in relation to an offence against the previous Act that may, by virtue of the Acts Interpretation Act 1901 or this Act, be instituted after the commencement. (2) The power of an inspector under section 178 of the Industrial Relations Act to institute a proceeding in relation to a breach of a term of an award or order extends to a breach that occurred before the commencement. #### 84 Commission to take possession of certain documents (1) The new Commission shall take possession of, and be entitled to the custody of, all documents that were in the possession or under the control of the former Commission or the Flight Crew Officers Industrial Tribunal immediately before the commencement. (2) Where: (a) a document that was in the possession of the former Commission or the Flight Crew Officers Industrial Tribunal immediately before the commencement would, for the purposes of the application of section 6 of the Freedom of Information Act 1982 before the commencement, have been regarded as a document that relates to matters of an administrative nature; and (b) under subsection (1) of this section, the new Commission has taken possession of the document; the document shall continue, for the purposes of that section of that Act, to be regarded as a document that relates to matters of an administrative nature. (3) In this section, document has the same meaning as in the Freedom of Information Act 1982. #### 85 Commission to take possession of Federal Police Arbitral Tribunal documents The new Commission shall take possession of, and be entitled to the custody of, all documents that were in the possession or under the control of the Federal Police Arbitral Tribunal immediately before the commencement. ## Part III—Amendments and application of other Acts #### 86 Amendments of other Acts The Acts specified in Schedule 2 are amended as set out in the Schedule. #### 87 Certain decisions under Australian Federal Police Act continue to be final decisions Where, immediately before the commencement, section 57 of the Australian Federal Police Act 1979 applied in relation to: (a) a determination of, or thing done by, the Federal Police Arbitral Tribunal; or (b) a thing done by the former Commission; that section continues to apply in relation to the determination or thing done as if that section had not been repealed. #### 89 Pathology Services Advisory Committee (1) If the person who held office as Chairperson of the Pathology Services Advisory Committee under the Health Insurance Act 1973 immediately before the commencement is, at the commencement, appointed as a new Presidential Member, the person continues to hold that office of Chairperson, subject to sections 78F and 78H of the Health Insurance Act 1973, until the expiration of the term specified in the instrument of the person’s appointment as Chairperson. (2) If the person who held office as Chairperson of the Pathology Services Advisory Committee under the Health Insurance Act 1973 immediately before the commencement is not, at the commencement, appointed as a new Presidential Member, the person continues to hold that office of Chairperson, subject to section 78F and subsection 78H(4) of the Health Insurance Act 1973, until the expiration of the term specified in the instrument of the person’s appointment as Chairperson. (3) Subject to the Remuneration Tribunal Act 1973, a person who holds office as the Chairperson of the Pathology Services Advisory Committee under subsection (2) shall be paid: (a) such remuneration as is determined by the Remuneration Tribunal; and (b) such allowances as are prescribed. (4) Subsections 78E(1) and 78H(1) of the Health Insurance Act 1973 do not apply in relation to a person who holds office as Chairperson of the Pathology Services Advisory Committee under subsection (2). #### 90 Pharmaceutical Benefits Remuneration Tribunal (1) If the person who held office as Chairperson of the Pharmaceutical Benefits Remuneration Tribunal under the National Health Act 1953 immediately before the commencement is, at the commencement, appointed as a new Presidential Member, the person continues to hold that office of Chairperson, subject to subsection 99A(2) and section 99C of the National Health Act 1953, until the expiration of the term specified in the instrument of the person’s appointment as Chairperson. (2) If the person who held office as Chairperson of the Pharmaceutical Benefits Remuneration Tribunal under the National Health Act 1953 immediately before the commencement is not, at the commencement, appointed as a new Presidential Member, the person continues to hold that office of Chairperson, subject to section 99C of the National Health Act 1953, until the expiration of the term specified in the instrument of the person’s appointment as Chairperson. (3) Subject to the Remuneration Tribunal Act 1973, a person who holds office as the Chairperson of the Pharmaceutical Benefits Remuneration Tribunal under subsection (2) shall be paid: (a) such remuneration as is determined by the Remuneration Tribunal; and (b) such allowances as are prescribed. (4) Subsections 99A(2) and 99B(1) of the National Health Act 1953 do not apply in relation to a person who holds office as Chairperson of the Pharmaceutical Benefits Remuneration Tribunal under subsection (2). #### 91 Reports of Academic Salaries Tribunal in relation to Vice‑Chancellors etc. (1) The Remuneration Tribunal may, in exercising its powers in relation to an executive education office, take into account any report in relation to the office made by the Academic Salaries Tribunal to the Minister before the commencement. (2) In this section, executive education office has the same meaning as in the Remuneration Tribunal Act 1973. #### 92 Determinations of Academic Salaries Tribunal in relation to certain academic staff A determination under the Remuneration Tribunal Act 1973 in relation to academic staff at a Commonwealth institution of tertiary education, being a determination that was in force immediately before the commencement, remains in force after the commencement, subject to the Industrial Relations Act, as if it were an award made under the Industrial Relations Act. #### 93 Report by Academic Salaries Tribunal The Minister: (a) shall, as soon as practicable after the commencement, cause to be prepared a report of the operations of the Academic Salaries Tribunal during the period that started at the end of the last period in relation to which a report of the operations of the Tribunal was furnished to the Minister and ended immediately before the commencement; and (b) shall cause a copy of the first‑mentioned report to be laid before each House of the Parliament as soon as practicable after the first‑mentioned report is prepared. #### 94 Remuneration Tribunal to take possession of certain documents The Remuneration Tribunal shall take possession of, and be entitled to the custody of, all documents that were in the possession or under the control of the Academic Salaries Tribunal immediately before the commencement. ## Part IV—Court may resolve difficulties #### 95 Court may resolve difficulties (1) Where any difficulty arises in: (a) the application of this Act in relation to a particular matter; or (b) the application, in relation to a particular matter, of a provision of the Industrial Relations Act because of the operation of this Act; the Court may, on the application of an interested person, make such order as it considers proper to resolve the difficulty. (2) An order made under subsection (1) has effect in spite of anything contained in this Act, in the Industrial Relations Act 1988 or in any Act in force immediately before the commencement. (3) The Court has jurisdiction with respect to matters arising under this Act in relation to which applications may be made to it under subsection (1).