New South Wales Consolidated Acts

INDUSTRIAL RELATIONS (CHILD EMPLOYMENT) ACT 2006 - SECT 17

17 Unfair dismissal of children employed by constitutional corporations

(1) This section applies to any dismissal by a constitutional corporation, on or after the introduction day, of a child from employment by the corporation.

(2) The following provisions of the Industrial Relations Act 1996 and the regulations made under that Act apply to and for the purposes of any dismissal of a child from employment to which this section applies ( "the applied unfair dismissal provisions"):

(a) Part 6 (Unfair dismissals) of Chapter 2, other than section 83 (1A),

(b) section 181 (2) (c) and (c1),

(c) any other provision prescribed by the regulations.

(3) Accordingly, the applied unfair dismissal provisions have effect as if they formed part of this Act.

(4) For the purposes of the application of the applied unfair dismissal provisions (but without limiting subsection (6)), a reference in the applied unfair dismissal provisions:

(a) to employment is to be read as a reference to employment of a child by a constitutional corporation, and

(b) to an employer is to be read as a reference to an employer that is a constitutional corporation, and

(c) to employees is to be read as a reference to children who are employed by a constitutional corporation, and

(d) to proceedings under Part 6 of Chapter 2 is to be read as a reference to proceedings under Part 2 of that Chapter (as applied by this section to and for the purposes of any dismissal of a child from employment to which this section applies), and

(e) to an industrial instrument is to be read as a reference to a State industrial instrument,

as the case requires.

(5) Section 153 (1) of the Industrial Relations Act 1996 applies to proceedings under Part 6 of Chapter 2 of that Act (as applied by this section to and for the purposes of any dismissal of a child from employment to which this section applies) in the same way as it applies to proceedings under that Part apart from this section.

(6) The applied unfair dismissal provisions have effect subject to such modifications as are prescribed by this Part or the regulations.

(7) Unless the regulations provide otherwise, nothing in this section prevents the application of provisions of the Industrial Relations Act 1996 that would be applicable to a matter arising under this Part (including the exercise of a function conferred or imposed on the Commission by or under this Part) apart from this section.

Note: For example, nothing in this section limits the application of the provisions of the Industrial Relations Act 1996 dealing with the constitution of the Commission, its practice and procedure and appeals from its decisions.