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Conciliation and Arbitration Amendment Act (No. 2) 1983 No. 115 of 1983 - SECT 9
9. Section 41A of the Principal Act is repealed and the following section is
substituted: Powers to override certain laws affecting public service
''41A. (1) In relation to an industrial dispute referred to in paragraph (d)
of the definition of 'Industrial dispute' in sub-section 4 (1) or an
industrial question within the meaning of Division 1A, the Commission may,
where it thinks it proper to do so, make an award that is not, or, in the
opinion of the Commission, may not be, in accord with a law of the
Commonwealth or of an internal Territory relating to salaries, wages, rates of
pay or terms or conditions of service or employment of employees in prescribed
service as defined in sub-section 4 (8), not being-
(a) the Compensation (Commonwealth Government Employees) Act 1971, the
Long Service Leave (Commonwealth Employees) Act 1976, the
Superannuation Act 1922 or the Superannuation Act 1976; or
(b) any prescribed Act or prescribed enactment, or any prescribed
provisions of an Act or enactment.
''(2) In paragraph (1) (b), 'enactment' means an Ordinance made under the
Northern Territory (Administration) Act 1910 and continued in force by the
Northern Territory (Self-Government) Act 1978.''.
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