FAIR WORK (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 2009 - SCHEDULE 19 Dealing with disputes

FAIR WORK (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 2009 - SCHEDULE 19

1   Continued application of WR Act

(1)   The WR Act continues to apply on and after the WR Act repeal day for the purposes of dealing with the following:

  (a)   disputes in relation to a matter arising under a transitional instrument (including a WR Act instrument that becomes a transitional instrument);

  (b)   disputes in relation to the Australian Fair Pay and Conditions Standard in Part   7 of the WR Act, including as it continues to apply because of Schedule   4 (other than disputes in relation to Division   2 of Part   7 of that Act);

  (c)   disputes in relation to Division   1, 2 or 6 of Part   12 of the WR Act, including as it continues to apply because of Schedule   4.

(2)   The WR Act applies in relation to a dispute mentioned in any of paragraphs   (1)(a) to (c) in the way that it applied, before the WR Act repeal day, in relation to a like dispute.

2   Disputes to be dealt with by the FWC

(1)   Anything that could, or would, have been done by, or in relation to, the Commission or the Industrial Registrar because of item   1 may only be done by, or in relation to, the FWC.

(2)   For the purposes of subitem   (1), the WR Act is to be read:

  (a)   as if a reference to the Commission or the Industrial Registrar were a reference to the FWC, as necessary; and

  (b)   with any other necessary modifications.

(3)   This item does not apply in relation to a dispute if:

  (a)   an application has been made to the Commission in relation to the dispute before the WR Act repeal day; and

  (b)   the Commission is dealing with or has dealt with the dispute.

(4)   Subitem   (1) applies despite subsection   595(1) of the FW Act.

Note:   That subsection allows the FWC to deal with a dispute only if the FWC is expressly authorised to do so under the FW Act.