Commonwealth Consolidated Acts

INDUSTRIAL RELATIONS (CONSEQUENTIAL PROVISIONS) ACT 1988 - SECT 12

(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.