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TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SCHEDULE 2

TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SCHEDULE 2

Schedule 2—Related amendments, repeal and transitional provisions

Part 1—Preliminary

1—Amendment provisions

In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Fair Work Act 1994

2—Amendment of section 4—Interpretation

Section 4(1), definition of apprentice —delete " Training and Skills Development Act 2003 " and substitute:

Training and Skills Development Act 2008

3—Amendment of section 26—Jurisdiction of Commission

        (1)         Section 26(e)—after "referral of a matter" insert:

or an application

        (2)         Section 26(e)—delete " Training and Skills Development Act 2003 " and substitute:

Training and Skills Development Act 2008

4—Amendment of section 40—Constitution of Commission

        (1)         Section 40(1)—delete "The" and substitute:

Subject to this section, the

        (2)         Section 40—after subsection (1) insert:

        (2)         If under an Act conferring a jurisdiction on the Commission, the Commission is to sit with assessors in exercising that jurisdiction, then the following provisions apply:

            (a)         in any proceedings in which a party seeks the exercise of the relevant jurisdiction the Commission will, subject to paragraph (b), sit with assessors selected in accordance with the Act conferring the jurisdiction;

            (b)         the Commission is not required to sit with assessors—

                  (i)         for the purposes of—

                        (A)         dealing with preliminary, interlocutory or procedural matters; or

                        (B)         dealing with questions of costs; or

                        (C)         entering consent orders; or

                  (ii)         for a part of the proceedings relating only to questions of law,

and may, for that purpose or as a consequence, while sitting without assessors, make any ruling, order or judgment (including a final judgment) it considers appropriate;

            (c)         where the Commission sits with assessors—

                  (i)         questions of law or procedure will be determined by the member of the Commission presiding at the proceedings; and

                  (ii)         other questions will be determined by majority opinion.

5—Amendment of section 105A—Application of Part

Section 105A(1)—delete "to a non-award employee whose remuneration immediately before the dismissal took effect is $66 200 (indexed) or more a year." and substitute:



            (a)         to a non-award employee whose remuneration immediately before the dismissal took effect is $100 322 (indexed) or more a year; or

            (b)         to an employee who is an apprentice under a training contract under the Training and Skills Development Act 2008 .

Note—

An apprentice may apply to the Commission under Part 4 of the Training and Skills Development Act 2008 in respect of any dispute or grievance involving his or her employer.

6—Amendment of section 151—Representation

Section 151(2)(a)—delete paragraph (a) and substitute:

            (a)         the right of representation—

                  (i)         if another Act confers a jurisdiction on the Court or the Commission—may be qualified by that other Act; and

                  (ii)         otherwise is qualified by the provisions restricting representation at a conference under this Act; and

7—Amendment of section 155—Nature of relief

        (1)         Section 155(1)—after "this Act" insert:

or any other Act

        (2)         Section 155(3)—delete "this Act" and substitute:

the Act under which the granting of the relief is authorised

8—Substitution of section 155A

Section 155A—delete section 155A and substitute:

155A—Application of Division

This Division applies to the following proceedings:

            (a)         proceedings founded on—

                  (i)         a monetary claim;

                  (ii)         a claim for relief against unfair dismissal;

            (b)         if another Act conferring a jurisdiction on the Court or Commission in relation to certain proceedings so provides—those proceedings.

9—Amendment of section 207—Right of appeal

Section 207(1)(a)—after "single member" insert:

or a single member sitting with assessors

Part 3—Repeal of Training and Skills Development Act 2003

10—Repeal of Act

The Training and Skills Development Act 2003 is repealed.

Part 4—Transitional provisions

11—Transitional provisions

        (1)         On the commencement of Part 3 of this Schedule—

            (a)         the offices of the members of the Training and Skills Commission established under the repealed Act are vacated;

            (b)         the offices of the members of the Grievances and Disputes Committee established under the repealed Act are vacated;

            (c)         the offices of the members of any committee established by the Training and Skills Commission under the repealed Act are vacated;

            (d)         the offices of the members of any panel established by the Minister for the purpose of constituting the Grievances and Disputes Committee under the repealed Act are vacated;

            (e)         the offices of the members of any reference group established by the Minister under the repealed Act are vacated.

        (2)         Subject to this Act, a declaration that an occupation is a trade or a declared vocation in force under section 5 of the repealed Act immediately before the commencement of section 6 of this Act will be taken to be a declaration under that section of this Act that the occupation is a trade or a declared vocation (as the case requires).

        (3)         Subject to this Act, registration or accreditation in force under Part 3 of the repealed Act immediately before the commencement of Part 3 of this Act will continue in force for the unexpired portion of the term for which the registration or accreditation was granted, or last renewed, as registration or accreditation under Part 3 of this Act.

        (4)         Subject to this Act, if an employer was, immediately before the commencement of Part 4 of this Act —

            (a)         an approved employer within the meaning of Part 4 of the repealed Act; and

            (b)         party to a contract of training under Part 4 of the repealed Act,

the employer will be taken to have been registered under Part 4 of this Act (with registration for a period of 5 years to be taken to have come into force immediately before the commencement of Part 4 of this Act).

        (5)         Subject to this Act, a contract of training in force under Part 4 of the repealed Act immediately before the commencement of Part 4 of this Act will continue in force as a training contract under Part 4 of this Act.

        (6)         Subject to this Act, a suspension, order or decision of the Grievances and Disputes Mediation Committee in force under the repealed Act immediately before the commencement of Part 4 of this Act will continue in force as a suspension, order or decision of the Industrial Relations Commission under Part 4 of this Act.

        (7)         If, immediately before the commencement of Part 4 of this Act, a matter has, under section 19(7) of the repealed Act, been referred by the Commission (acting at the direction of the Minister) to the Grievances and Disputes Mediation Committee ( GDMC ) for review but the GDMC has not yet completed the review, the matter will be taken to be the subject of an appeal under section 207 of the Fair Work Act 1994

            (a)         as if the decision or order of the GDMC at first instance were a determination of the Industrial Relations Commission; and

            (b)         as if the party who made the request of the Minister for the giving of the direction were the appellant,

(and the provisions of Chapter 5, Part 3, Division 4 of that Act will apply to the appeal).

        (8)         A reference in an Act or an instrument or document—

            (a)         to the Training and Skills Commission is to be read as a reference to the Training and Skills Commission established under this Act and is to be construed accordingly;

            (b)         to a training organisation is to be read as a reference to a training provider and is to be construed accordingly;

            (c)         to an occupation as a trade or declared vocation is to be read as a reference to an occupation that is a trade or a declared vocation declared as such under section 6 of this Act and is to be construed accordingly;

            (d)         to an apprentice/trainee under a contract of training is to be read as a reference to an apprentice/trainee under a training contract and is to be construed accordingly;

            (e)         to a contract of training is to be read as a reference to a training contract and is to be construed accordingly;

            (f)         to an approved employer is to be read as a reference to a registered employer and is to be construed accordingly.