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COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 No. 52 of 1979 - SECT 24
Inconsistency with other laws, &c.
24. (1) Subject to sub-section (3), where a provision of the terms and
conditions of employment of an employee of a prescribed Commonwealth authority
contained in a law of the Commonwealth or of a Territory (other than the
Northern Territory) or determined under such a law is inconsistent with a
provision of this Act, the latter provision shall prevail and the former
provision shall, to the extent of the inconsistency, be inoperative in
relation to the employee.
(2) Subject to sub-section (1), this Act does not affect the application to an
employee of a prescribed Commonwealth authority of a law of the Commonwealth
or of a Territory (other than the Northern Territory) to the extent that that
law is capable of operating concurrently with this Act.
(3) Where a term of an award, whether made before or after the commencement of
this Act, that applies in relation to an employee is inconsistent with a
provision of this Act, the term shall prevail and the provision of this Act
shall, to the extent of the inconsistency, be inoperative in relation to the
employee.
(4) A reference in sub-section (3) to an award shall be read as a reference
to-
(a) an award of the Conciliation and Arbitration Commission;
(b) a determination made under the Public Service Arbitration Act 1920, or
by the Conciliation and Arbitration Commission on appeal under that
Act; or
(c) an agreement to which section 31 of the Conciliation and Arbitration
Act 1904 applies.
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