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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Industrial Relations Further
Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Industrial Relations
Act 1996 No 17 2
4 Amendment of Occupational Health and Safety
Act 2000 No 40 2
5 Amendment of Workers Compensation
Act 1987 No 70 2
6 Consequential amendment of other legislation 2
7 Repeal of Act 2
Schedule 1 Amendment of Industrial Relations Act 1996 3
Schedule 2 Amendment of Occupational Health and Safety
Act 2000 10
Schedule 3 Amendment of Workers Compensation
Act 1987 12
Schedule 4 Consequential amendment of other legislation 19
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Industrial Relations Further
Amendment Bill 2006
Act No , 2006
An Act to amend the Industrial Relations Act 1996 with respect to dispute resolution
by the Industrial Relations Commission, co-operation with industrial relations
tribunals of other States, a NSW industrial relations website and outworkers in
clothing trades; to amend the Occupational Health and Safety Act 2000 and the
Workers Compensation Act 1987 with respect to the protection of workers from
dismissal; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Industrial Relations Further Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Industrial Relations Further Amendment Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Industrial Relations Act 1996 No 17
The Industrial Relations Act 1996 is amended as set out in Schedule 1.
4 Amendment of Occupational Health and Safety Act 2000 No 40
The Occupational Health and Safety Act 2000 is amended as set out in
Schedule 2.
5 Amendment of Workers Compensation Act 1987 No 70
The Workers Compensation Act 1987 is amended as set out in
Schedule 3.
6 Consequential amendment of other legislation
The Act and Rules specified in Schedule 4 are amended as set out in that
Schedule.
7 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Industrial Relations Further Amendment Bill 2006
Amendment of Industrial Relations Act 1996 Schedule 1
Schedule 1 Amendment of Industrial Relations
Act 1996
(Section 3)
[1] Section 6 Definition of industrial matters
Insert after section 6 (2) (j):
(k) the mode, terms and conditions under which work is given
out, whether directly or indirectly, to be performed by
outworkers in the clothing trades.
[2] Sections 13 (2), 15 (2), 33 (6), 45 (2), 114 (a), 314 (6), 318 (2) and 331 (2)
and clause 6 of Schedule 3
Omit "in the Industrial Gazette" wherever occurring.
Insert instead "on the NSW industrial relations website".
[3] Chapter 2, Part 7 Protection of injured employees
Omit the Part.
[4] Section 127 Liability of principal contractor for remuneration payable to
employees of subcontractor
Omit section 127 (8). Insert instead:
(8) False statement is offence
A person who gives the principal contractor a written statement
knowing it to be false is guilty of an offence if:
(a) the person is the subcontractor, or
(b) the person is authorised by the subcontractor to give the
statement on behalf of the subcontractor, or
(c) the person holds out or represents that the person is
authorised by the subcontractor to give the statement on
behalf of the subcontractor.
Maximum penalty: 100 penalty units.
[5] Section 129A Definitions
Omit the definition of outworker in the clothing trades.
Page 3
Industrial Relations Further Amendment Bill 2006
Schedule 1 Amendment of Industrial Relations Act 1996
[6] Section 129B Outworkers in clothing trades employed by constitutional
corporations
Omit section 129B (2). Insert instead:
(2) To avoid doubt, the conditions referred to in subsection (1) (b)
include provisions of the award relating to:
(a) the giving out of work, and
(b) the making or keeping of records in connection with the
giving out of work, and
(c) the disclosure of information about the giving out of work,
and
(d) the registration of persons for the purpose of giving out
work.
[7] Section 129C Application of certain enforcement provisions
Insert "or in section 406 (Awards and other industrial instruments provide
minimum entitlements)" after "Chapter 7".
[8] Section 146B
Insert after section 146A:
146B Commission may exercise certain dispute resolution functions
under federal workplace agreements
(1) A person may apply to the Commission to have a dispute
resolution process conducted by the Commission in relation to a
matter or matters in dispute if:
(a) the parties to the dispute are bound by a federal workplace
agreement, and
(b) the Commission is authorised or permitted to conduct the
dispute resolution process:
(i) under dispute settlement procedures (within the
meaning of section 353 of the federal Act) set out in
the agreement, or
(ii) if no such dispute settlement procedures are set out
in the agreement, under the federal model dispute
resolution process.
Note. Section 353 of the federal Act provides that a federal workplace
agreement must include procedures for settling disputes about matters
arising under the agreement between the employer and the employees
whose employment will be subject to the agreement. The section also
provides that if the workplace agreement does not include such
procedures, then the agreement is taken to include the model dispute
resolution process set out in Part 13 of that Act.
Page 4
Industrial Relations Further Amendment Bill 2006
Amendment of Industrial Relations Act 1996 Schedule 1
(2) On any such application, the Commission has and may exercise
such functions with respect to the resolution of the dispute as are
conferred or imposed on it by or under:
(a) the federal workplace agreement concerned or federal
model dispute resolution process (as the case may be), and
(b) the federal Act.
(3) The Commission is to be constituted by a single member of the
Commission unless the federal workplace agreement concerned,
federal model dispute resolution process or federal Act (as the
case may be) requires otherwise.
(4) Subject to subsection (5), the exercise of a function conferred or
imposed on the Commission as referred to in subsection (2) is, for
the purposes of any other provision of this Act, taken not to have
been exercised under this Act.
(5) The regulations may make provision for or with respect to the
application of the provisions of this Act (with such modifications,
if any, as may be prescribed by the regulations) to the exercise of
functions conferred or imposed on the Commission as referred to
in subsection (2).
(6) The functions that the Commission is authorised or permitted to
exercise as referred to in this section are in addition to, and do not
derogate from, any other function of the Commission.
(7) Nothing in this section:
(a) makes any order, determination or other decision of the
Commission in respect of the dispute binding on the
parties to the dispute unless the federal workplace
agreement concerned, federal model dispute resolution
process or federal Act (as the case may be) operate to make
any such order, determination or decision binding on the
parties, or
(b) limits the operation of section 146A.
(8) In this section:
federal Act means the Workplace Relations Act 1996 of the
Commonwealth.
federal model dispute resolution process means the model
dispute resolution process within the meaning of the federal Act.
federal workplace agreement means a workplace agreement
within the meaning of the federal Act.
modification includes addition, exception, omission or
substitution.
Page 5
Industrial Relations Further Amendment Bill 2006
Schedule 1 Amendment of Industrial Relations Act 1996
[9] Chapter 4, Part 9A
Insert after Part 9:
Part 9A Co-operation between State industrial
tribunals
206A Definitions
In this Part:
industrial law of another State means:
(a) a law of the State corresponding, or substantially
corresponding, to this Act, or
(b) a law of the State that is declared by the regulations to be
a corresponding law (whether or not the law corresponds,
or substantially corresponds, to this Act).
industrial tribunal of another State means:
(a) a tribunal established under a law of the State that has
functions corresponding, or substantially corresponding,
to functions conferred or imposed on the NSW
Commission by this Act, or
(b) a tribunal established under a law of the State that is
declared by the regulations to be the industrial tribunal of
the State (whether or not the tribunal has functions
corresponding, or substantially corresponding, to
functions conferred or imposed on the NSW Commission
by this Act).
NSW Commission means the Industrial Relations Commission
established by this Act.
206B Joint proceedings
(1) A member of the NSW Commission may exercise, in the
presence of:
(a) a member of an industrial tribunal of another State, and
(b) the parties to any proceedings before an industrial tribunal
of another State, and
(c) any witness summoned by an industrial tribunal of another
State,
any of the functions that are exercisable by the member of the
NSW Commission in relation to a matter.
Page 6
Industrial Relations Further Amendment Bill 2006
Amendment of Industrial Relations Act 1996 Schedule 1
(2) Evidence may be given, and submissions made, jointly for the
purposes of the proceedings before the NSW Commission and
the industrial tribunal of another State.
206C NSW Commission may exercise functions conferred under
industrial law of another State
(1) Subject to subsection (3), the NSW Commission has (and may
exercise) such functions as may be conferred on it under the
industrial law of another State.
(2) However, the exercise of any such function by the NSW
Commission is taken for the purposes of this Act not to be the
exercise of a function under this Act.
(3) Subsection (1) does not extend to any function (or class of
functions) conferred under the industrial law of another State that
is excluded by the regulations.
[10] Chapter 4, Part 11
Insert after Part 10:
Part 11 NSW industrial relations website
208A NSW industrial relations website
For the purposes of this Act, the NSW industrial relations
website is the Internet website used for the time being by the
Industrial Registrar to provide public access to information
relating to New South Wales industrial relations matters.
208B When matter is published on NSW industrial relations website
(1) A matter is published on the NSW industrial relations website:
(a) if it is made accessible in full on that website, or
(b) if notice of its making, issue or other production is made
accessible on that website and it is made accessible
separately in full on that website or in any other identified
location.
(2) The date on which a matter is published on the NSW industrial
relations website is the date notified by the Industrial Registrar
(whether as part of the matter or elsewhere) as the date of its
publication, being a date that is not earlier than the date on which
it was first made so accessible.
Page 7
Industrial Relations Further Amendment Bill 2006
Schedule 1 Amendment of Industrial Relations Act 1996
(3) If a matter cannot for technical or other reasons be published on
the NSW industrial relations website at a particular time, the
matter may be published at that time in such other manner as the
Industrial Registrar determines and published on that website as
soon as practicable thereafter. In that case, it is taken to have been
published on that website at that earlier time.
208C Evidence of publication
(1) The Industrial Registrar may issue a certificate that certifies
either or both of the following matters:
(a) that a specified website is currently used (or was used
during a specified period or on a specified date) by the
Registrar to provide public access to information relating
to New South Wales industrial relations matters,
(b) that a specified matter was published on the NSW
industrial relations website on a specified date.
(2) For the purposes of any proceedings before a court or tribunal, a
certificate purportedly issued under subsection (1) is admissible
as evidence of the particulars certified in and by the certificate.
(3) The provisions of this section are in addition to, and do not
derogate from, the provisions of section 390.
[11] Section 390 Evidence of an industrial instrument or order
Omit section 390 (1) (a). Insert instead:
(a) in relation to an instrument or order made before the
commencement of Schedule 1 [10] to the Industrial
Relations Further Amendment Act 2006--a copy of the
Industrial Gazette in which the instrument or order
appeared, or
[12] Section 390 (1) (b)
Insert "(or published on the NSW industrial relations website)" after "printed".
[13] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Industrial Relations Further Amendment Act 2006
Page 8
Industrial Relations Further Amendment Bill 2006
Amendment of Industrial Relations Act 1996 Schedule 1
[14] Schedule 4, clause 31C
Insert after clause 31B:
31C Transitional arrangements relating to Industrial Gazette
(1) This clause applies to any provision of an Act or statutory rule
that is amended by the Industrial Relations Further Amendment
Act 2006 to replace a reference to the Industrial Gazette with a
reference to the NSW industrial relations website.
(2) Any matter that was duly published in the Industrial Gazette as
required or permitted by a provision to which this clause applies
continues to have been duly published for the purposes of that
provision on and after the relevant commencement day despite
the amendment of the provision by the Industrial Relations
Further Amendment Act 2006.
(3) In this clause:
relevant commencement day means the day on which
Schedule 1 [10] to the Industrial Relations Further Amendment
Act 2006 commences.
[15] Dictionary
Insert in alphabetical order:
NSW industrial relations website--see section 208A.
outworker in the clothing trades means a person described in
clause 1 (f) of Schedule 1 as an employee.
Note. A person described in clause 1 (f) of Schedule 1 as an employee
is taken to be an employee for the purposes of this Act by section 5 (3).
Page 9
Industrial Relations Further Amendment Bill 2006
Schedule 2 Amendment of Occupational Health and Safety Act 2000
Schedule 2 Amendment of Occupational Health and
Safety Act 2000
(Section 4)
[1] Section 23 Unlawful dismissal or other victimisation of employee
Insert "section 23A of this Act and" after "See" in the note to the section.
[2] Section 23A
Insert after section 23:
23A Application for reinstatement of employee unlawfully dismissed
under section 23
(1) In this section:
reinstatement includes re-employment.
unlawful dismissal means the dismissal of an employee in
contravention of section 23.
(2) An employee who has been unlawfully dismissed may, within 21
days after the dismissal, apply to the Industrial Court of NSW for
reinstatement. The Court may accept an application that is made
out of time if it considers that there is a sufficient reason to do so.
(3) An industrial organisation of employees may make such an
application on behalf of the employee.
(4) The Industrial Court of NSW may, on such an application, order
the employer to reinstate the employee in accordance with the
terms of the order.
(5) If the Industrial Court of NSW is satisfied that the applicant was
unlawfully dismissed:
(a) the Court is to order the employee to be reinstated in his or
her former employment or in any other employment that is
no less advantageous to the employee, except as provided
by paragraph (b), or
(b) if the employer satisfies the Court that it would be
impracticable to reinstate the employee--the Court may
order the employer to pay to the employee an amount of
compensation determined by the Court to be appropriate in
the circumstances (but not exceeding the amount of
remuneration the employee would have received but for
the dismissal in the period of 6 months following the
dismissal).
Page 10
Industrial Relations Further Amendment Bill 2006
Amendment of Occupational Health and Safety Act 2000 Schedule 2
(6) If the Industrial Court of NSW orders reinstatement under this
section, it may order that the period of employment of the
applicant with the employer is taken not to have been broken by
the dismissal.
(7) An application under this section may be made regardless of
whether the employer has been convicted of an offence against
section 23.
(8) The Industrial Court of NSW must not make an order on an
application under this section if:
(a) another Act or a statutory instrument provides for redress
to the employee in relation to the dismissal, and
(b) the employee has commenced proceedings under the other
Act or instrument or has not lodged a written undertaking
not to proceed under the other Act or instrument.
(9) Evidence of the fact that the Industrial Court of NSW has made
an order under this section in respect of the unlawful dismissal of
an employee is not admissible in proceedings for an offence
against section 23.
(10) In any proceedings under this section, if an employee establishes
that a matter referred to in section 23 (1) (a), (b) or (c) occurred
or existed before the employee's dismissal, it is presumed that the
employee was dismissed because of that matter. That
presumption is rebutted if the employer satisfies the Industrial
Court of NSW that the matter was not a substantial and operative
cause of the dismissal.
Note. Appeals against a decision of the Industrial Court of NSW under
this section are dealt with under Part 7 of Chapter 4 of the Industrial
Relations Act 1996.
[3] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Industrial Relations Further Amendment Act 2006 (but only to
the extent that it amends this Act)
Page 11
Industrial Relations Further Amendment Bill 2006
Schedule 3 Amendment of Workers Compensation Act 1987
Schedule 3 Amendment of Workers Compensation
Act 1987
(Section 5)
[1] Part 8
Insert after Part 7:
Part 8 Protection of injured workers from
dismissal
240 Definitions (cf IR Act, s 91)
(1) In this Part:
Commonwealth industrial instrument means any award,
workplace agreement or other agreement made under (or taken to
have been made, or to have effect, under) the Workplace
Relations Act 1996 of the Commonwealth.
industrial organisation of employees has the same meaning as it
has in the Industrial Relations Act 1996.
reinstatement includes re-employment.
State industrial instrument has the same meaning as industrial
instrument has in the Industrial Relations Act 1996.
(2) For the purposes of this Part, an injured worker is a worker who
receives an injury for which the worker is entitled to receive
compensation under this Act or the Workers' Compensation
(Dust Diseases) Act 1942.
(3) For the purposes of this Part, a person is the employer of an
injured worker only if the injury arose (either wholly or partly)
out of or in the course of employment with that person.
Note. For the purposes of comparison, a number of provisions of this
Part contain bracketed notes in headings drawing attention ("cf IR Act")
to equivalent or comparable (though not necessarily identical) provisions
of the Industrial Relations Act 1996 (as in force immediately before the
commencement of this Part).
241 Application to employer for reinstatement of dismissed injured
worker (cf IR Act, s 92)
(1) If an injured worker is dismissed because he or she is not fit for
employment as a result of the injury received, the worker may
apply to the employer for reinstatement to employment of a kind
specified in the application.
Page 12
Industrial Relations Further Amendment Bill 2006
Amendment of Workers Compensation Act 1987 Schedule 3
(2) The kind of employment for which the worker applies for
reinstatement cannot be more advantageous to the worker than
that in which the worker was engaged when he or she first
became unfit for employment because of the injury.
(3) The worker must produce to the employer a certificate given by
a medical practitioner to the effect that the worker is fit for
employment of the kind for which the worker applies for
reinstatement.
242 Application to Industrial Relations Commission for reinstatement
order if employer does not reinstate (cf IR Act, s 93)
(1) If an employer does not reinstate the worker immediately to
employment of the kind for which the worker has so applied for
reinstatement (or to any other kind of employment that is no less
advantageous to the worker), the worker may apply to the
Industrial Relations Commission for a reinstatement order.
(2) An industrial organisation of employees may make the
application on behalf of the worker.
(3) The Industrial Relations Commission may not make a
reinstatement order, except in special circumstances, if the
application to the employer for reinstatement was made more
than 2 years after the injured worker was dismissed.
243 Order by Industrial Relations Commission for reinstatement
(cf IR Act, s 94)
(1) The Industrial Relations Commission may, on such an
application, order the employer to reinstate the worker in
accordance with the terms of the order.
(2) The Industrial Relations Commission may order the worker to be
reinstated to employment of the kind for which the worker has so
applied for reinstatement (or to any other kind of employment
that is no less advantageous to the worker), but only if the
Commission is satisfied that the worker is fit for that kind of
employment.
(3) If the employer does not have employment of that kind available,
the Industrial Relations Commission may order the worker to be
reinstated to employment of any other kind for which the worker
is fit, being:
(a) employment of a kind that is available but that is less
advantageous to the worker, or
Page 13
Industrial Relations Further Amendment Bill 2006
Schedule 3 Amendment of Workers Compensation Act 1987
(b) employment of a kind that the Commission considers that
the employer can reasonably make available for the worker
(including part-time employment or employment in which
the worker may undergo rehabilitation).
(4) If the Industrial Relations Commission orders the worker to be
reinstated, it may order the employer to pay to the worker an
amount stated in the order that does not exceed the remuneration
the worker would, but for being dismissed, have received after
making the application to the employer for reinstatement and
before being reinstated in accordance with the order of the
Commission.
244 Presumption as to reason for dismissal (cf IR Act, s 95)
(1) In proceedings for a reinstatement order under this Part it is to be
presumed that the injured worker was dismissed because he or
she was not fit for employment as a result of the injury received.
(2) That presumption is rebutted if the employer satisfies the
Industrial Relations Commission that the injury was not a
substantial and operative cause of the dismissal of the worker.
245 Disputes as to fitness--medical assessment (cf IR Act, s 96)
(1) The Industrial Relations Commission may refer to an approved
medical specialist any dispute as to the worker's condition or
fitness for employment to be assessed as provided by Part 7 of
Chapter 7 of the 1998 Act.
(2) The approved medical specialist is to submit a report to the
Industrial Relations Commission in accordance with the terms of
the reference.
246 Continuity of service of reinstated worker (cf IR Act, s 97)
(1) If a worker is reinstated under this Part, the Industrial Relations
Commission may order that the period of employment of the
worker with the employer is taken not to have been broken by the
dismissal.
(2) However if the Industrial Relations Commission does so, the
period between dismissal and the date of the application by the
worker to the employer for reinstatement is not to be taken into
account in calculating for any purpose the period of service of the
worker with the employer.
Page 14
Industrial Relations Further Amendment Bill 2006
Amendment of Workers Compensation Act 1987 Schedule 3
247 Duty to inform replacement worker (cf IR Act, s 98)
An employer who, within 2 years after dismissing an injured
worker, employs a person to replace the dismissed worker is
guilty of an offence unless the employer first informs the person
that the dismissed worker may be entitled under this Part to be
reinstated to carry out the work for which the person is to be
employed.
Maximum penalty: 50 penalty units.
248 Dismissal within 6 months of injury an offence (cf IR Act, s 99)
(1) An employer of an injured worker who dismisses the worker is
guilty of an offence if:
(a) the worker is dismissed because the worker is not fit for
employment as a result of the injury, and
(b) the worker is dismissed during the relevant period after the
worker first became unfit for employment.
Maximum penalty: 100 penalty units.
(2) For the purposes of subsection (1), the relevant period is:
(a) the period of 6 months after the worker first became unfit
for employment, except as provided by paragraphs (b), (c)
and (d), or
(b) if the worker is entitled under a State industrial instrument
to accident pay as a result of the injury for a period
exceeding that period of 6 months--the period during
which the worker is entitled to accident pay, or
(c) if the worker was entitled under a State industrial
instrument to accident pay as a result of the injury for a
period exceeding that period of 6 months but that
instrument ceased to have effect as such in relation to the
worker because of the commencement of Schedule 8 to the
Workplace Relations Act 1996 of the Commonwealth--
the period during which the worker would have been
entitled to accident pay under the instrument if it had not
ceased to have effect, or
Page 15
Industrial Relations Further Amendment Bill 2006
Schedule 3 Amendment of Workers Compensation Act 1987
(d) if the worker (other than a worker referred to in paragraph
(c)) is entitled under a Commonwealth industrial
instrument (or was entitled under a Commonwealth
industrial instrument as in force immediately before the
commencement of Schedule 7 to the Workplace Relations
Act 1996 of the Commonwealth) to accident pay as a result
of the injury for a period exceeding that period of 6
months--the period during which the worker is (or the
period during which the worker was) entitled to accident
pay, whichever is the greater period.
Accident pay is an entitlement of the worker to payment by the
employer, while the worker is unfit for employment, that is
described as accident pay in the relevant industrial instrument.
Note. Both Schedules 7 and 8 to the Workplace Relations Act 1996 of
the Commonwealth (which were inserted by the Workplace Relations
Amendment (Work Choices) Act 2005 of the Commonwealth)
commenced on 27 March 2006.
(3) It is a defence to a prosecution for an offence under this section
if the employer satisfies the court that:
(a) at the time of dismissal, the worker would not undergo a
medical examination reasonably required to determine
fitness for employment, or
(b) at the time of dismissal, the employer believed on
reasonable grounds that the worker was not an injured
worker within the meaning of this Part.
(4) The prosecution may establish that an injured worker was
dismissed because the worker was not fit for employment as a
result of the injury if the prosecution establishes that the injury
was a substantial and operative cause of the dismissal.
(5) This section applies even if the worker became unfit for
employment before the commencement of this section.
249 Other rights not affected (cf IR Act, s 100)
This Part does not affect any other rights of a dismissed worker
under this or any other Act or under any State industrial
instrument or contract of employment.
250 Enforcement
(1) The following provisions of the Industrial Relations Act 1996
and the regulations made under that Act apply to and for the
purposes of this Part (the applied provisions):
(a) Part 7 of Chapter 5 (Entry and inspection by officers of
industrial organisations),
Page 16
Industrial Relations Further Amendment Bill 2006
Amendment of Workers Compensation Act 1987 Schedule 3
(b) Part 4 of Chapter 7 (Inspectors and their powers),
(c) Part 5 of Chapter 7 (Evidentiary provisions),
(d) Part 6 of Chapter 7 (Criminal and other legal proceedings),
(e) any other provision prescribed by the regulations.
(2) Accordingly, the applied provisions have effect as if they formed
part of this Act.
(3) For the purposes of the application of the applied provisions (but
without limiting subsection (4) (a)), a reference in the applied
provisions:
(a) to this Act (that is, the Industrial Relations Act 1996) is to
be read as a reference to this Part, and
(b) to the regulations is to be read as a reference to the
regulations under this Act, and
(c) to the industrial relations legislation includes a reference to
this Part, and
(d) to employment is to be read as a reference to employment
of an injured worker, and
(e) to an employer is to be read as a reference to an employer
within the meaning of this Part, and
(f) to employees is to be read as a reference to injured
workers,
as the case requires.
(4) The applied provisions have effect:
(a) subject to such modifications as are prescribed by this Part
or the regulations, and
(b) despite any other provisions of this Act that make
provision for matters for which the applied provisions
make provision.
(5) In this section:
modification includes addition, exception, omission or
substitution.
Page 17
Industrial Relations Further Amendment Bill 2006
Schedule 3 Amendment of Workers Compensation Act 1987
[2] Schedule 6 Savings, transitional and other provisions
Insert after Part 19B:
Part 19C Provisions consequent on enactment of
Industrial Relations Further Amendment
Act 2006
1 Application of Part 8
(1) Part 8 (as inserted by the Industrial Relations Further
Amendment Act 2006) applies in relation to injured workers who
are dismissed on or after the commencement of the Part.
(2) The provisions of Part 7 of Chapter 2 of the Industrial Relations
Act 1996 (as in force immediately before their repeal by the
Industrial Relations Further Amendment Act 2006) continue to
apply in relation to injured employees within the meaning of that
Part who were dismissed before the day on which that Part was
repealed as if the provisions had not been repealed.
[3] Schedule 6, Part 20
Insert at the end of clause 1 (1):
Industrial Relations Further Amendment Act 2006--to the extent
that it amends this Act and repeals Part 7 of Chapter 2 of the
Industrial Relations Act 1996
Page 18
Industrial Relations Further Amendment Bill 2006
Consequential amendment of other legislation Schedule 4
Schedule 4 Consequential amendment of other
legislation
(Section 6)
4.1 Employment Protection Act 1982 No 122
[1] Section 14 Orders of Commission
Omit "in the New South Wales Industrial Gazette" from section 14 (3) and (4)
wherever occurring.
Insert instead "on the NSW industrial relations website (within the meaning of
the Industrial Relations Act 1996)".
[2] Section 14 (3)
Omit "not be published in that Gazette".
Insert instead "not be published on that website".
4.2 Industrial Relations Commission Rules 1996
[1] Rule 4 Definitions
Insert in alphabetical order in rule 4 (1):
NSW industrial relations website has the same meaning as it has
in the Act.
[2] Rules 34 (2), 35 (1), 36 (3), 37 (1), 38 (1) and 89 (2) and (4)
Omit "in the Industrial Gazette" wherever occurring.
Insert instead "on the NSW industrial relations website".
Page 19
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