WORKPLACE RELATIONS AND OTHER LEGISLATION AMENDMENT ACT 1996

Commonwealth Consolidated Acts

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WORKPLACE RELATIONS AND OTHER LEGISLATION AMENDMENT ACT 1996 - SCHEDULE 5

Awards

Part 1—Amendments

Workplace Relations Act 1996

1 Subsection 4(1)

Insert:

"allowable award matters" means the matters covered by subsection 89A(2).

2 Subsection 4(1)

Insert:

"exceptional matters order" means an order made by the Commission on a matter that is allowed to be included in an industrial dispute because of subsection 89A(7).

3 Subsection 4(1) (definition of paid rates award )

Repeal the definition.

4 Subsection 4(1) (definition of paid rates dispute )

Repeal the definition.

5 Subsection 4(1) (definition of paid rates functions and powers )

Repeal the definition.

6 Subsection 4(1)

Insert:

"regular part-time employee" means an employee who:

(a) works less than full‑time ordinary hours; and

(b) has reasonably predictable hours of work; and

(c) receives, on a pro‑rata basis, equivalent pay and conditions to those specified in an award or awards for full‑time employees who do the same kind of work.

7 Subsection 4(1)

Insert:

"State employment agreement" means an agreement:

(a) between an employer and one or more of the following:

(i) an employee of the employer;

(ii) a trade union; and

(b) that regulates wages and conditions of employment of one or more of the employees; and

(d) that prevails over an inconsistent State award.

8 Section 88A

Repeal the section, substitute:

88A Objects of Part

The objects of this Part are to ensure that:

(a) wages and conditions of employment are protected by a system of enforceable awards established and maintained by the Commission; and

(b) awards act as a safety net of fair minimum wages and conditions of employment; and

(c) awards are simplified and suited to the efficient performance of work according to the needs of particular workplaces or enterprises; and

(d) the Commission’s functions and powers in relation to making and varying awards are performed and exercised in a way that encourages the making of agreements between employers and employees at the workplace or enterprise level.

9 Before section 89

Insert in Division 1:

88B Performance of Commission’s functions under this Part

(1) The Commission must perform its functions under this Part in a way that furthers the objects of the Act and, in particular, the objects of this Part.

(2) In performing its functions under this Part, the Commission must ensure that a safety net of fair minimum wages and conditions of employment is established and maintained, having regard to the following:

(a) the need to provide fair minimum standards for employees in the context of living standards generally prevailing in the Australian community;

(b) economic factors, including levels of productivity and inflation, and the desirability of attaining a high level of employment;

(3) In performing its functions under this Part, the Commission must have regard to the following:

(a) the need for any alterations to wage relativities between awards to be based on skill, responsibility and the conditions under which work is performed;

(b) the need to support training arrangements through appropriate trainee wage provisions;

(d) the need to apply the principle of equal pay for work of equal value without discrimination based on sex;

(e) the need to prevent and eliminate discrimination because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

10 Subparagraph 89(a)(ii)

Omit “where necessary”, substitute “as a last resort and within the limits specified in this Act”.

11 After section 89

Insert:

89A Scope of industrial disputes

Industrial dispute normally limited to allowable award matters

(1) For the following purposes, an industrial dispute is taken to include only matters covered by subsections (2) and (3):

(a) dealing with an industrial dispute by arbitration;

(b) preventing or settling an industrial dispute by making an award or order;

Allowable award matters

(2) For the purposes of subsection (1) the matters are as follows:

(a) classifications of employees and skill‑based career paths;

(b) ordinary time hours of work and the times within which they are performed, rest breaks, notice periods and variations to working hours;

(c) rates of pay generally (such as hourly rates and annual salaries), rates of pay for juniors, trainees or apprentices, and rates of pay for employees under the supported wage system;

(d) piece rates, tallies and bonuses;

(e) annual leave and leave loadings;

(f) long service leave;

(g) personal/carer’s leave, including sick leave, family leave, bereavement leave, compassionate leave, cultural leave and other like forms of leave;

(h) parental leave, including maternity and adoption leave;

(i) public holidays;

(j) allowances;

(k) loadings for working overtime or for casual or shift work;

(l) penalty rates;

(m) redundancy pay;

(n) notice of termination;

(o) stand‑down provisions;

(p) dispute settling procedures;

(q) jury service;

(r) type of employment, such as full‑time employment, casual employment, regular part‑time employment and shift work;

(s) superannuation;

(t) pay and conditions for outworkers, but only to the extent necessary to ensure that their overall pay and conditions of employment are fair and reasonable in comparison with the pay and conditions of employment specified in a relevant award or awards for employees who perform the same kind of work at an employer’s business or commercial premises.

(3) The Commission’s power to make an award dealing with matters covered by subsection (2) is limited to making a minimum rates award.

Limitations on Commission’s powers

(4) The Commission’s power to make or vary an award in relation to matters covered by paragraph (2)(r) does not include:

(a) the power to limit the number or proportion of employees that an employer may employ in a particular type of employment; or

(b) the power to set maximum or minimum hours of work for regular part‑time employees.

(5) Paragraph (4)(b) does not prevent the Commission from including in an award:

(a) provisions setting a minimum number of consecutive hours that an employer may require a regular part‑time employee to work; or

(b) provisions facilitating a regular pattern in the hours worked by regular part‑time employees.

(6) The Commission may include in an award provisions that are incidental to the matters in subsection (2) and necessary for the effective operation of the award.

Exceptional matters may be included in industrial dispute

(7) Subsection (1) does not exclude a matter (the exceptional matter ) from an industrial dispute if the Commission is satisfied of all the following:

(a) a party to the dispute has made a genuine attempt to reach agreement on the exceptional matter;

(b) there is no reasonable prospect of agreement being reached on the exceptional matter by conciliation, or further conciliation, by the Commission;

(d) the issues involved in the exceptional matter are exceptional issues;

(e) a harsh or unjust outcome would apply if the industrial dispute were not to include the exceptional matter.

Anti‑discrimination clause

(8) Nothing in this section prevents the Commission from including a model anti‑discrimination clause in an award.

Note: A model anti‑discrimination clause was established by the Commission in the Full Bench decision dated 9 October 1995 (print M5600).

Interpretation

(9) In this section, outworker means an employee who, for the purposes of the business of the employer, performs work at private residential premises or at other premises that are not business or commercial premises of the employer.

12 Section 90AA

Repeal the section.

13 Section 90AB

Repeal the section.

14 Section 92A

Repeal the section.

15 Section 95

Repeal the section, substitute:

95 No automatic flow‑on of terms of certain agreements

The Commission does not have power to include terms in an award that are based on the terms of a certified agreement unless the Commission is satisfied that including the terms in the award:

(a) would not be inconsistent with principles established by a Full Bench that apply in relation to determining wages and conditions of employment; and

(b) would not be otherwise contrary to the public interest.

16 After section 98

Insert in Division 1:

98A Commission to avoid technicalities and facilitate fair conduct of proceedings

The Commission must perform its functions in a way that avoids unnecessary technicalities and facilitates the fair and practical conduct of any proceedings under this Act.

17 Subsection 100(2)

Repeal the subsection, substitute:

(2) If the Presidential Member does not refer the alleged industrial dispute for conciliation:

(a) the Presidential Member must publish reasons for not doing so; and

(b) the Commission must deal with the alleged industrial dispute by arbitration.

18 Section 106

Repeal the section, substitute:

106 Allowable award matters to be dealt with by Full Bench

(1) After the commencement of this section, a Full Bench of the Commission may establish principles about the making or varying of awards in relation to each of the allowable award matters.

(2) After such principles (if any) have been established, the power of the Commission to make or vary an award is exercisable only by a Full Bench unless the contents of the award:

(a) give effect to determinations of a Full Bench made after the commencement of this section; or

(b) are consistent with principles established by a Full Bench after the commencement of this section.

(3) The President or a Full Bench may, in relation to the exercise of powers under this section, direct a member of the Commission to provide a report in relation to a specified matter.

(4) After making such investigation (if any) as is necessary, the member must provide a report to the President or Full Bench, as the case may be.

19 Subsection 108(2A)

Repeal the subsection.

20 Subsection 109(1)

Repeal the subsection, substitute:

(1) The Minister may apply to the President for a review by a Full Bench of an award or order, or a decision relating to the making of an award or order, made by a member of the Commission if it appears to the Minister that the award, order or decision is contrary to the public interest.

21 Subparagraph 111(1)(g)(ii)

Omit “State arbitrator”, substitute “State industrial authority”.

22 Subsections 111(1A), (1B) and (1C)

Repeal the subsections.

23 Subsection 111(1D)

Repeal the subsection, substitute:

(1D) The Commission must decide as quickly as it can whether to make an interim award if the Commission considers that such an award may be necessary to protect, for an interim period, the wages and conditions of employment of the employees whom the award would cover.

24 Subsections 111(1F), (1G), (1H) and (4)

Repeal the subsections.

25 After section 111

Insert:

111AAA Commission to cease dealing with industrial dispute in certain circumstances

(1) If the Commission is satisfied that a State award or State employment agreement governs the wages and conditions of employment of particular employees whose wages and conditions of employment are the subject of an industrial dispute, the Commission must cease dealing with the industrial dispute in relation to those employees, unless the Commission is satisfied that ceasing would not be in the public interest.

(2) In determining the public interest for the purposes of subsection (1), the Commission must give primary consideration to:

(a) the views of the employees referred to in subsection (1); and

(b) the views of the employer or employers of those employees.

(3) The Commission must inform itself as quickly as it can about the views referred to in subsection (2), and may inform itself in such manner as it thinks fit.

(4) In this section:

"cease dealing" , in relation to an industrial dispute, means:

(a) to dismiss the whole or a part of a matter to which the industrial dispute relates; or

(b) to refrain from further hearing or from determining the industrial dispute or part of the industrial dispute.

26 Subsection 113(4A)

Repeal the subsection.

27 At the end of section 113A

Add:

(2) This section is not limited by subsection 89A(6).

28 Subsection 113B(2)

Repeal the subsection, substitute:

(2) The Commission does not have power to vary the award for that purpose unless it is satisfied that the variation:

(a) would only deal with allowable award matters; and

(b) would be a minimum rates award; and

(c) if it included a variation to rates of pay provided in the award, would provide for minimum rates of pay consistent with sections 88A and 88B.

29 Subsection 113B(3)

Repeal the subsection.

30 Subsection 113B(4)

Repeal the subsection, substitute:

(4) An organisation of employees is entitled to be heard on the application if, and only if:

(a) it is a party to the award; and

(b) it has a member or members whose employment would be regulated by the variation.

31 Section 120

Omit “In making an award”, substitute “Subject to section 89A, in making an award”.

32 After section 120:

Insert:

120A Orders of Commission on exceptional matters

(1) Each exceptional matters order must relate only to a single matter.

Note 1: An exceptional matters order is an order made by the Commission on a matter that is allowed to be included in an industrial dispute because of subsection 89A(7).

Note 2: Exceptional matters orders are published under section 143, in the same way as other orders of the Commission.

(2) The Commission must not make an exceptional matters order unless the Commission is satisfied that making the order is in the public interest, and consistent with the objects of this Act.

(3) The Commission must not make an exceptional matters order that would apply to more than a single business unless the Commission is satisfied that such an order is an appropriate manner of settling the matter in dispute.

(4) An exceptional matters order must be made by a Full Bench, unless the order relates to a single business (within the meaning of Part VIB).

(5) An exceptional matters order ceases to be in force 2 years after it is made, and cannot be extended.

120B Commission to report on junior rates of pay

(1) Before 22 June 1999, a Full Bench must prepare a report for the Minister on the feasibility of replacing junior rates with non‑discriminatory alternatives.

(2) The report must include assessments of:

(a) whether it is desirable to replace junior rates with non‑discriminatory alternatives; and

(b) the consequences for youth employment of abolishing junior rates; and

(i) for different types of employment; and

(ii) for different industries; and

(iii) in the school‑to‑work transition.

(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable after the Minister receives it.

(4) In this section, junior rates means junior rates of pay.

33 After section 127

Insert:

127AA Awards and orders dealing with rights of entry

(1) A provision of an award or order that requires or authorises an officer or employee of an organisation:

(a) to enter premises:

(i) occupied by an employer who is bound by the award or order; or

(ii) in which work to which the award or order applies is being carried on; or

(b) to inspect or view any work, material, machinery, appliance, article, document or other thing on such premises; or

is unenforceable.

(2) This section does not apply to an order made under section 285G.

34 Subsection 128(1)

Omit “the Commission may”, substitute:

other than by:

(d) facilitating the entering into of a State employment agreement; or

(e) approving a State employment agreement;

the Commission may

35 After subsection 143(1A)

Insert:

(1B) The Commission must, if it considers it appropriate, ensure that a decision or determination covered by subsection (1):

(a) does not include matters of detail or process that are more appropriately dealt with by agreement at the workplace or enterprise level; and

(b) does not prescribe work practices or procedures that restrict or hinder the efficient performance of work; and

(c) does not contain provisions that have the effect of restricting or hindering productivity, having regard to fairness to employees.

(1C) The Commission must ensure that a decision or determination covered by subsection (1):

(a) where appropriate, contains facilitative provisions that allow agreement at the workplace or enterprise level, between employers and employees (including individual employees), on how the award provisions are to apply; and

(b) where appropriate, contains provisions enabling the employment of regular part‑time employees; and

(d) does not contain provisions that are obsolete or that need updating; and

(e) where appropriate, provides support to training arrangements through appropriate trainee wages and a supported wage system for people with disabilities; and

(f) does not contain provisions that discriminate against an employee because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

(1D) A decision or determination covered by subsection (1) does not discriminate against an employee for the purposes of paragraph (1C)(f) merely because:

(a) it provides for a junior rate of pay; or

(b) it discriminates, in respect of particular employment, on the basis of the inherent requirements of that employment; or

(c) it discriminates, in respect of employment as a member of the staff of an institution that is conducted in accordance with the teachings or beliefs of a particular religion or creed:

(i) on the basis of those teachings or beliefs; and

(ii) in good faith.

(1E) Paragraph (1D)(a) does not apply to a decision or determination made by the Commission more than 3 years after 22 June 1997, except where the Commission decides, on a case‑by‑case basis, that the paragraph should apply. Decisions by the Commission as to whether the paragraph should apply must be made by the Commission in accordance with principles established by a Full Bench.

36 Subsection 143(2A)

Repeal the subsection, substitute:

(2A) The Commission must ensure that a decision or determination covered by subsection (2) is expressed in plain English and is easy to understand in structure and content.

37 At the end of paragraph 148(2)(a)

Add “or”.

38 Paragraph 148(2)(b)

Omit “or”.

39 Paragraph 148(2)(c)

Repeal the paragraph.

40 Section 150A

Repeal the section.

41 At the end of section 152

Add:

(2) If:

(a) but for this subsection, an award would become binding on an employer in respect of an employee at a particular time; and

(b) immediately before that time, the wages and conditions of employment of the employee were regulated by a State employment agreement;

then the award is not binding on any person in respect of the employee, while the wages and conditions of employment of the employee continue to be regulated by the agreement.

(3) If, at a particular time, a State employment agreement that is made after the commencement of this subsection would regulate wages and conditions of employment of an employee but for the fact that an award is binding on an employer in respect of the employee, then:

(a) the award does not prevent the agreement from coming into force and regulating the wages and conditions of employment of the employee; and

(b) while the agreement continues to regulate those wages and conditions, the award is not binding on any person in respect of the employee.

(4) In subsection (3), award does not include an award made under subsection 170MX(3).

(5) Subsections (2) and (3) do not apply to a State employment agreement unless the agreement is one that was approved by a State industrial authority under a State Act that required the authority, before approving the agreement, to be satisfied:

(a) that the employees covered by the agreement are not disadvantaged in comparison to their entitlements under the relevant award; and

(b) that the agreement was genuinely made, or that the agreement was not made under duress or that the agreement was made without coercion; and

(c) that the agreement covers all the employees whom it would be reasonable for the agreement to cover, having regard to matters (if any) specified in the State Act (such as the nature of the work performed under the agreement and the relationship between the employees in the part of the business covered by the agreement and the remainder of the employees in the business).

42 Part VIC

Repeal the Part.

43 Subparagraph 178(4)(a)(i)

Omit “$500”, substitute “$5,000 for a body corporate or $1,000 in other cases”.

44 Subparagraph 178(4)(a)(ii)

Omit “$1,000”, substitute “$10,000 for a body corporate or $2,000 in other cases”.

45 Paragraph 178(4)(b)

Omit “$500”, substitute “$10,000 for a body corporate or $2,000 in other cases”.

Part 2—Transitional provisions

46 Interpretation

In this Part:

"interim period" means the period of 18 months beginning on the day on which section 89A of the Principal Act commences.

"Principal Act" means the Workplace Relations Act.

"special consent provisions" has the meaning given by item 48.

"termination time" , in relation to special consent provisions, means the end of the period that is specified in the award under section 147 of the Principal Act.

47 Exercise of Commission’s powers under this Part

In exercising its powers under this Part, the Commission is to have regard to the desirability of assisting parties to awards to agree on appropriate variations to their awards, rather than have parts of awards cease to have effect under item 50 at the end of the interim period.

48 Special consent provisions

For the purposes of this Part, special consent provisions are provisions of an award that give effect to a decision of the Commission that is expressed to be made in accordance with one or more of the following principles:

(a) the Enterprise Bargaining Principle adopted by the Commission in the National Wage Case decision of October 1991 (Dec 1150/91, Print K0300);

(b) the Enterprise Awards Principle adopted by the Commission in its Review of the Wage Fixing Principles decision of October 1993 (Dec 1300/93, Print K9700);

(c) Principle 2.2 (Consent Award or Award Variation to Give Effect to an Enterprise Agreement), adopted by the Commission in its Review of the Wage Fixing Principles decision of August 1994 (Dec 1408/94, Print L4700) and incorporated without amendment in wages principles established by the Commission in its Safety Net Adjustment & Section 150A Review decision of October 1995 (Dec 2120/95, Print M5600).

49 Variation of awards during the interim period

(1) If one or more of the parties to an award apply to the Commission for a variation of the award under this item, the Commission may, during the interim period, vary the award so that it only deals with allowable award matters.

(2) For the purposes of this item, an exceptional matters order is taken to relate wholly to allowable award matters.

(3) Special consent provisions cannot be varied under this item before the termination time for those provisions.

(4) The Commission may only deal with the application by arbitration if it is satisfied that the applicant or applicants have made reasonable attempts to reach agreement with the other parties to the award about how the award should be varied and the treatment of matters that are not allowable award matters.

(5) If:

(a) the award provides for rates of pay that, in the opinion of the Commission:

(i) are not operating as minimum rates; or

(ii) were made on the basis that they were not intended to operate as minimum rates; and

(b) the application under this item seeks to have such rates of pay varied so that they are expressed as minimum rates of pay;

the Commission may vary the award so that it provides for minimum rates of pay consistent with sections 88A and 88B of the Principal Act and the limitation on the Commission’s power in subsection 89A(3) of that Act.

(6) If the Commission varies the award under subitem (5), it must include in the award provisions that ensure that overall entitlements to pay provided by the award are not reduced by that variation, unless the Commission considers that it would be in the public interest not to include such provisions.

(7) The Commission must, if it considers it appropriate, review the award to determine whether or not it meets the following criteria:

(a) it does not include matters of detail or process that are more appropriately dealt with by agreement at the workplace or enterprise level;

(b) it does not prescribe work practices or procedures that restrict or hinder the efficient performance of work;

(c) it does not contain provisions that have the effect of restricting or hindering productivity, having regard to fairness to employees.

(8) The Commission must also review the award to determine whether or not it meets the following criteria:

(a) where appropriate, it contains facilitative provisions that allow agreement at the workplace or enterprise level, between employers and employees (including individual employees), on how the award provisions are to apply;

(b) where appropriate, it contains provisions enabling the employment of regular part‑time employees;

(d) it does not contain provisions that are obsolete or that need updating;

(e) where appropriate, it provides support to training arrangements through appropriate trainee wages and a supported wage system for people with disabilities;

(f) it does not contain provisions that discriminate against an employee because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

(9) If the Commission determines that the award does not meet the criteria set out in subitem (7) or (8), the Commission may take whatever steps it considers appropriate to facilitate the variation of the award so that it does meet those criteria.

50 Parts of awards cease to have effect at the end of the interim period

(1) At the end of the interim period, each award ceases to have effect to the extent that it provides for matters other than allowable award matters.

(2) For the purposes of this item, an exceptional matters order is taken to relate wholly to allowable award matters.

(3) For the purposes of this item, an award that is made under subsection 170MX(3) of the Principal Act, or varied under item 49 of this Schedule, is taken to provide wholly for allowable award matters.

(4) If the termination time for special consent provisions is after the end of the interim period, then this item and item 51 apply to the special consent provisions as if a reference to the end of the interim period were instead a reference to the termination time.

51 Variation of awards after the end of the interim period

(1) As soon as practicable after the end of the interim period, the Commission must review each award:

(a) that is in force; and

(b) that the Commission is satisfied has been affected by item 50.

(2) The Commission must vary the award to remove provisions that ceased to have effect under item 50.

(3) When varying the award under subitem (2), the Commission may also vary the award so that, in relation to an allowable award matter, the award is expressed in a way that reasonably represents the entitlements of employees in respect of that matter as provided in the award as in force immediately before the end of the interim period.

(4) If, immediately before the end of the interim period, the award provided for rates of pay that, in the opinion of the Commission:

(a) were not operating as minimum rates of pay; or

(b) were made on the basis that they were not intended to operate as minimum rates;

(5) If the Commission varies the award under subitem (4), it must include in the award provisions that ensure that overall entitlements to pay provided by the award are not reduced by that variation, unless the Commission considers that it would be in the public interest not to include such provisions.

(6) The Commission must, if it considers it appropriate, review the award to determine whether or not it meets the following criteria:

(a) it does not include matters of detail or process that are more appropriately dealt with by agreement at the workplace or enterprise level;

(b) it does not prescribe work practices or procedures that restrict or hinder the efficient performance of work;

(c) it does not contain provisions that have the effect of restricting or hindering productivity, having regard to fairness to employees.

(7) The Commission must also review the award to determine whether or not it meets the following criteria:

(b) where appropriate, it contains provisions enabling the employment of regular part‑time employees;

(d) it does not contain provisions that are obsolete or that need updating;

(e) where appropriate, it provides support to training arrangements through appropriate trainee wages and a supported wage system for people with disabilities;

(ea) if it applies to work that is or may be performed by young people—protects the competitive position of young people in the labour market, promotes youth employment, youth skills and community standards and assists in reducing youth unemployment by including, if, on a case‑by‑case basis, the Commission determines it appropriate, junior rates of pay; and

(8) If the Commission determines that the award does not meet the criteria set out in subitem (6) or (7), the Commission may take whatever steps it considers appropriate to facilitate the variation of the award so that it does meet those criteria.

52 Corporations not bound by State awards

(1) If:

(a) a constitutional corporation is bound by an award in respect of an employee; and

(b) the award is varied under subitem 49(1) or wholly or partly ceases to have effect because of item 50; and

(c) as a result of the award being varied, or ceasing to have effect, as mentioned in paragraph (b), the corporation would (apart from this item) become bound by a State award in respect of the employee;

then the corporation is not bound by the State award in relation to the employee unless it becomes bound as a result of an application by the corporation to the relevant State industrial authority.

(2) Subitem (1) does not operate so that a State award, or part of a State award, prevails over an award of the Commission.

53 Matters to be dealt with by Full Bench

(1) After the commencement of this Part, a Full Bench may establish principles about varying awards under this Part.

(2) After such principles (if any) have been established, the power of the Commission to vary an award under this Part is exercisable only by a Full Bench unless the contents of the award:

(a) give effect to determinations of a Full Bench under this Part; or

(b) are consistent with principles established by a Full Bench under this item.

54 Certain provisions not discriminatory

(1) A provision of an award does not discriminate against an employee for the purposes of paragraph 49(8)(f) or 51(7)(f) merely because:

(a) it provides for a junior rate of pay; or

(b) it discriminates, in respect of particular employment, on the basis of the inherent requirements of that employment; or

(c) it discriminates, in respect of employment as a member of the staff of an institution that is conducted in accordance with the teachings or beliefs of a particular religion or creed:

(i) on the basis of those teachings or beliefs; and

(ii) in good faith.

55 Transitional—repeal of subsection 111(1A)

The repeal of subsection 111(1A) of the Principal Act does not apply to any proceedings before the Commission that commenced before the commencement of the repeal.

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