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WORKPLACE RELATIONS ACT 1996 - SECT 116 Power to override certain laws affecting public sector employment

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 116

Power to override certain laws affecting public sector employment

             (1)  In so far as the performance of its functions under this Act or the Registration and Accountability of Organisations Schedule involves public sector employment, the Commission may, where it considers it proper to do so, make an award or order that is not, or in its opinion may not be, consistent with a relevant law of the Commonwealth or of an internal Territory.

             (2)  In this section:

"enactment means an ordinance made under the Northern Territory" (Administration) Act 1910 and continued in force by the Northern Territory (Self-Government) Act 1978 .

"relevant law" means a law of the Commonwealth or an internal Territory relating to matters pertaining to the relationship between employers and employees in public sector employment, other than:

                     (a)  the Safety, Rehabilitation and Compensation Act 1988 , the Long Service Leave (Commonwealth Employees) Act 1976 , the Superannuation Act 1976 , the Superannuation Act 1990 or the Superannuation Act 2005 ; or

                     (b)  a prescribed Act or enactment, or prescribed provisions of an Act or enactment.

             (3)  This section does not apply to the performance of a function under Part 12.