Commonwealth Numbered Acts

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 5

5. (1) Without prejudice to its effect apart from this section, this Act also
has effect as provided by this section.

(2) This Act has effect as if:

   (a)  each reference in this Act to preventing or settling industrial
        disputes, by conciliation or arbitration, included a reference to
        settling by conciliation, or hearing and determining, industrial
        issues; and

   (b)  each reference in this Act to an industrial dispute included a
        reference to an industrial issue.

(3) For the purposes of this section, the following are industrial issues:

   (a)  matters pertaining to the relationship between waterside employers and
        waterside workers, so far as those matters relate to trade or
        commerce:

        (i)    between Australia and a place outside Australia;

        (ii)   between the States; or

        (iii)  within a Territory, between a State and a Territory, or between
               2 Territories;

   (b)  matters pertaining to the relationship between employers and maritime
        employees, so far as those matters relate to trade or commerce:

        (i)    between Australia and a place outside Australia;

        (ii)   between the States; or

        (iii)  within a Territory, between a State and a Territory, or between
               2 Territories;

   (c)  matters pertaining to:

        (i)    the relationship between the Australian National Airlines
               Commission and flight crew officers employed by the Australian
               National Airlines Commission;

        (ii)   the relationship between Qantas Airways Limited and flight
               crew officers employed by Qantas Airways Limited; or

        (iii)  the relationship between flight crew officers and flight crew
               officers' employers, so far as those matters relate to trade or
               commerce:

                (A)  between Australia and a place outside Australia;

                (B)  between the States; or

                (C)  within a Territory, between a State and a Territory, or
                     between 2 Territories;

   (d)  matters pertaining to the relationship between employers and employees
        in public sector employment;

   (e)  matters (other than the matters set out in clause 3 of Schedule 1)
        pertaining to the terms or conditions of service of members of the
        Australian Federal Police.

(4) The reference in paragraph (3) (a) to matters pertaining to the
relationship between waterside employers and waterside workers includes a
reference to the matters set out in clause 2 of Schedule 1.

(5) For the purposes of paragraph (3) (c), but without limiting that
paragraph, an industrial issue shall be taken to relate to trade or commerce
of a kind referred to in subparagraph (3) (c) (iii) so far as the matter
relates to:

   (a)  employment of persons in or for, or for training in or for, the
        performance of duties as flight crew officers in relation to aircraft
        engaged in such trade or commerce; or

   (b)  the performance of duties that include duties as flight crew officers
        in relation to aircraft engaged in such trade or commerce.