Commonwealth Numbered Acts

FAIR WORK (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 2009 (NO. 55, 2009) - SCHEDULE 19

1  Continued application of WR Act

(1)        The WR Act continues to apply on and after the WR Act repeal day for the purposes of dealing with the following:

                     (a)  disputes in relation to a matter arising under a transitional instrument (including a WR Act instrument that becomes a transitional instrument);

                     (b)  disputes in relation to the Australian Fair Pay and Conditions Standard in Part 7 of the WR Act, including as it continues to apply because of Schedule 4 (other than disputes in relation to Division 2 of Part 7 of that Act);

                     (c)  disputes in relation to Division 1, 2 or 6 of Part 12 of the WR Act, including as it continues to apply because of Schedule 4.

(2)        The WR Act applies in relation to a dispute mentioned in any of paragraphs (1)(a) to (c) in the way that it applied, before the WR Act repeal day, in relation to a like dispute.

2  Disputes to be dealt with by FWA

(1)        Anything that could, or would, have been done by, or in relation to, the Commission or the Industrial Registrar because of item 1 may only be done by, or in relation to, FWA.

(2)        For the purposes of subitem (1), the WR Act is to be read:

                     (a)  as if a reference to the Commission or the Industrial Registrar were a reference to FWA, as necessary; and

                     (b)  with any other necessary modifications.

(3)        This item does not apply in relation to a dispute if:

                     (a)  an application has been made to the Commission in relation to the dispute before the WR Act repeal day; and

                     (b)  the Commission is dealing with or has dealt with the dispute.

(4)        Subitem (1) applies despite subsection 595(1) of the FW Act.

Note:       That subsection allows FWA to deal with a dispute only if FWA is expressly authorised to do so under the FW Act.