Commonwealth Consolidated Acts

INDUSTRIAL RELATIONS (CONSEQUENTIAL PROVISIONS) ACT 1988 - SECT 8

(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.