68OSenior executives and managers—industrial or legal proceedings excluded

#### 68O Senior executives and managers—industrial or legal proceedings excluded 68O Senior executives and managers—industrial or legal proceedings excluded > > (1) The employment of a Transport Service senior executive or senior manager, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017). > > > (2) Parts 6, 7 and 9 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) do not apply to or in respect of the employment of a Transport Service senior executive or senior manager. > > > (3) Any State industrial instrument (whether made before or after the commencement of this section) does not have effect in so far as it relates to the employment of Transport Service senior executives or senior managers. This subsection does not prevent the provisions of any such industrial instrument being adopted by reference in the conditions of employment of any such executive or manager. > > > (4) No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of a matter that is declared by this section not to be an industrial matter for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017). > > > (5) In this section, a reference to the employment of a Transport Service senior executive or senior manager is a reference to— > > > > > (a) the engagement of, or failure to engage, a person as such an executive or manager, or > > > > > (b) the assignment or re-assignment of the executive or manager to a role in a band or a classification, or > > > > > (c) the removal, retirement, termination of employment or other cessation of employment of the executive or manager, or > > > > > (d) any disciplinary proceedings or action taken against the executive or manager, or > > > > > (e) the remuneration or other conditions of employment of the executive or manager. > > **ss 68N–68P:** Ins 2016 No 2, Sch 4 \[1\].