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
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
The Training and Skills Development Act 2003 is repealed.
Part 4—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.