Commonwealth Numbered Acts

AUSTRALIAN NATIONAL RAILWAYS AMENDMENT ACT 1977 No. 38 of 1977 - SECT 19

19. (1) In this section, unless the contrary intention appears-

''Arbitrator'' means the person holding, or performing the duties of, the
office of Public Service Arbitrator under the Public Service Arbitration Act
1920;

''claim to which this section applies'' means a claim made under the Public
Service Arbitration Act 1920, or an application made under that Act to vary a
determination of the Arbitrator, being a claim or application-

   (a)  that was submitted to the Arbitrator before the commencing date; and

   (b)  that relates, either in whole or in part, to the officers or employees
        of the Railway Service;

''commencing date'' means the date of commencement of this section;

''determination'' means a determination made under the Public Service
Arbitration Act 1920.

(2) In this section, a reference to a determination that relates, in whole or
in part, to any officers or employees in the Railway Service shall be read as
including a reference to a determination that is not in operation but would,
if it were in operation, relate, in whole or in part, to any officers or
employees in the Railway Service.

(3) Notwithstanding the repeal of section 47 of the Principal Act by section
10 of this Act, the Public Service Arbitration Act 1920 continues to apply, on
and after the commencing date, subject to this section, to and in relation to-

   (a)  a determination made before that date that relates, in whole or in
        part, to any officers or employees in the Railway Service; and

   (b)  a claim to which this section applies that relates, in whole or in
        part, to any officers or employees in the Railway Service, being a
        claim in respect of which a determination has not been made before the
        commencing date, as if section 47 of the Principal Act had not been
        repealed.

(4) Where a determination that was in operation immediately before the
commencing date, or a determination that comes into operation on or after the
commencing date, relates, in whole or in part, to any officers or employees in
the Railway Service, the determination has effect according to its tenor, on
and after the commencing day, or on and after the date on which it comes into
operation, whichever is the later date, in relation to officers and employees
in the Railway Service as if it were an award made under the Conciliation and
Arbitration Act 1904, and that Act applies to and in relation to the
determination as if it were such an award.

(5) Notwithstanding sub-section (3)-

   (a)  a determination shall not be made under the Public Service Arbitration
        Act 1920 on or after the commencing date varying a determination in
        its application to any officers or employees in the Railway Service,
        being a determination that was in operation immediately before the
        commencing date, unless it is made in respect of a
        claim to which this section applies; and

   (b)  a determination made in respect of a claim to which this section
        applies shall not be varied, in its application to any officers or
        employees in the Railway Service, under the Public Service Arbitration
        Act 1920, except upon appeal duly made under that Act against the
        determination.

(6) Nothing in sub-section (5) prevents the variation of a determination, in
its application to any officers or employees in the Railway Service, upon
application duly made to the Australian Conciliation and Arbitration
Commission under the Conciliation and Arbitration Act 1904.

(7) Nothing in this section shall be taken to affect the application of the
Public Service Arbitration Act 1920 in relation to a determination, or to a
claim to which this section applies, in so far as the determination or claim
relates to persons other than officers or employees in the Railway Service.
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