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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Commonwealth Powers (Industrial Relations) Act
1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
PART 2--REFERENCE OF MATTERS 4
4. Reference 4
5. Matters excluded from a reference 6
6. Termination of reference 8
7. Supreme Court--limitation of jurisdiction 8
8. Expiry of Act 8
PART 3--EMPLOYEE RELATIONS ACT 1992 9
9. Amendment 9
PART 4--CONSEQUENTIAL AMENDMENTS AND
TRANSITIONAL PROVISIONS 10
10. Amendment of certain Acts 10
11. Transitional provisions 10
PART 5--ANNUAL LEAVE PAYMENTS ACT 1992 11
12. Repeal 11
__________________
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Clause Page
SCHEDULES 12
SCHEDULE 1--Amendment of Employee Relations Act 1992 12
SCHEDULE 2--Consequential Amendments 15
SCHEDULE 3--Transitional Provisions 22
NOTES 26
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531119B.I1-19/11/96 BILL LA INTRODUCTION 19/11/96
A BILL
to refer to the Parliament of the Commonwealth certain matters
relating to industrial relations and for other purposes.
Commonwealth Powers (Industrial
Relations) Act 1996
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to refer to the Parliament of the
Commonwealth certain matters relating to
5
industrial relations;
(b) to amend the Employee Relations Act 1992;
(c) to repeal the Annual Leave Payments Act
1992;
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s. 2
3
Act No.
(d) to make certain consequential amendments
to certain Acts.
2. Commencement
(1) This Part and Part 5 come into operation on the
day on which this Act receives the Royal Assent.
5
(2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
(3) A proclamation must not be made under sub-
section (2) (other than a second or subsequent
proclamation) unless the proclamation includes a
10
statement that the Governor in Council is satisfied
that a Bill has been introduced into the Senate or
House of Representatives of the Parliament of the
Commonwealth containing provisions about
matters to be referred to that Parliament by this
15
Act.
3. Definitions
In this Act--
"employee" includes a member of the police
force, a police reservist and a protective
20
services officer but does not include a person
engaged under a contract for services;
"employer" includes a person employing an
employee, including the Crown and a public
body and, in relation to a person who is a
25
member of the police force, a police reservist
or a protective services officer, means the
person nominated by the Governor in
Council as the employer of that person;
"the Commonwealth Act" means--
30
(a) the Industrial Relations Act 1988 of the
Commonwealth; or
(b) if Schedule 20 to the Workplace
Relations and Other Legislation
2
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Commonwealth Powers (Industrial Relations) Act 1996
Act No.
Amendment Act 1996 of the
Commonwealth is in force, the
Workplace Relations Act 1996 of the
Commonwealth;
"public sector" means the public service of
5
Victoria or the service of the State or of a
statutory authority or of a State owned
enterprise within the meaning of the State
Owned Enterprises Act 1992.
__________________
10
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s. 4
Act No.
PART 2--REFERENCE OF MATTERS
4. Reference
(1) A matter referred to the Parliament of the
Commonwealth by a sub-section of this section is
so referred subject to the Commonwealth of
5
Australia Constitution Act and pursuant to section
51(xxxvii) of that Act.
(2) The matter of conciliation and arbitration for the
prevention and settlement of industrial disputes
within the limits of the State, to the extent to
10
which it is not otherwise included in the
legislative powers of the Commonwealth, is
referred to the Parliament of the Commonwealth
for a period commencing on the day on which this
sub-section commences and ending on the day
15
fixed under or by section 6 as the day on which
the reference of that matter under this Act
terminates but no longer.
(3) The matter of agreements about matters pertaining
to the relationship between an employer or
20
employers in the State and an employee or
employees in the State, to the extent to which it is
not otherwise included in the legislative powers of
the Commonwealth, is referred to the Parliament
of the Commonwealth for a period commencing
25
on the day on which this sub-section commences
and ending on the day fixed under or by section 6
as the day on which the reference of that matter
under this Act terminates but no longer.
(4) The matter of minimum terms and conditions of
30
employment for employees in the State, to the
extent to which it is not otherwise included in the
legislative powers of the Commonwealth, is
referred to the Parliament of the Commonwealth
for a period commencing on the day on which this
35
4
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s. 4 Act No.
sub-section commences and ending on the day
fixed under or by section 6 as the day on which
the reference of that matter under this Act
terminates but no longer.
(5) The matter of termination, or proposed
5
termination, of an employee's employment, to the
extent to which it is not otherwise included in the
legislative powers of the Commonwealth, is
referred to the Parliament of the Commonwealth
for a period commencing on the day on which this
10
sub-section commences and ending on the day
fixed under or by section 6 as the day on which
the reference of that matter under this Act
terminates but no longer.
(6) The matter of freedom of association, namely the
15
rights of employees, employers and independent
contractors in the State to join an industrial
association of their choice, or not to join such an
association, to the extent to which it is not
otherwise included in the legislative powers of the
20
Commonwealth, is referred to the Parliament of
the Commonwealth for a period commencing on
the day on which this sub-section commences and
ending on the day fixed under or by section 6 as
the day on which the reference of that matter
25
under this Act terminates but no longer.
(7) The matter of the setting and adjusting of
minimum wages for employees in the State within
a work classification that, immediately before the
commencement of this sub-section is a declared
30
work classification under the Employee
Relations Act 1992, or has been declared, by the
Commission within the meaning of that Act, to be
an interim work classification, who are not subject
to an award or agreement under the
35
Commonwealth Act, to the extent to which that
matter is not otherwise included in the legislative
5
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powers of the Commonwealth, is referred to the
Parliament of the Commonwealth for a period
commencing on the day on which this sub-section
commences and ending on the day fixed under or
by section 6 as the day on which the reference of
5
that matter under this Act terminates but no
longer.
5. Matters excluded from a reference
(1) A matter referred by a sub-section of section 4
does not include--
10
(a) matters pertaining to the number, identity,
appointment (other than terms and
conditions of appointment) and discipline
(other than matters pertaining to the
termination of employment) of employees in
15
the public sector;
(b) matters pertaining to the number or identity
of employees in the public sector dismissed
or to be dismissed on grounds of
redundancy;
20
(c) matters pertaining to the following subject
matters--
(i) workers' compensation;
(ii) superannuation;
(iii) occupational health and safety;
25
(iv) apprenticeship;
(v) long service leave;
(vi) days to be observed as public holidays;
(vii) equal opportunity--
but not so as to prevent the inclusion in
30
awards or agreements made under the
Commonwealth Act of provisions in relation
to those matters to the extent to which the
6
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s. 5 Act No.
Commonwealth Act, as enacted as at 30
November 1996 (whether or not in force),
allows such awards or agreements to include
such provisions;
(d) the matter of the making of an award or
5
order as, or declaring any term of an award
or order to be, a common rule in the State for
an industry;
(e) matters pertaining to Ministers, members of
the Parliament, judicial officers or members
10
of administrative tribunals;
(f) matters pertaining to persons holding office
in the public sector to which the right to
appoint is vested in the Governor in Council
or a Minister;
15
(g) matters pertaining to persons holding senior
executive offices in the service of a
Department within the meaning of the
Public Sector Management Act 1992;
(h) matters pertaining to persons employed at
20
the higher managerial levels in the public
sector;
(i) matters pertaining to persons employed as
ministerial assistants or ministerial advisers
in the service of Ministers;
25
(j) matters pertaining to persons holding office
as Parliamentary officers;
(k) matters pertaining to the transfer or
redundancy of employees of a body as a
result of a restructure by an Act;
30
(l) matters pertaining to the duties of employees
if a situation of emergency is declared by or
under an Act or an industry or project is, by
or under an Act, declared to be a vital
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s. 6
Act No.
industry or vital project and whose work is
directly affected by that declaration.
(2) Insofar as a matter specified in sub-section (1) of
this section does not fall within the terms of a sub-
section of section 4, sub-section (1) of this section
5
must be taken to have been enacted for the
avoidance of doubt.
6. Termination of reference
(1) The Governor in Council, by proclamation
published in the Government Gazette, may fix a
10
day as the day on which the reference under a sub-
section of section 4 terminates.
(2) The references under this Act terminate on 1 July
1997 unless, before that date, the Governor in
Council has, by Order published in the
15
Government Gazette, declared that an agreement
has been entered into between the Minister
administering the Commonwealth Act and the
Minister administering this Act about the matters
referred by this Act to the Parliament of the
20
Commonwealth.
7. Supreme Court--limitation of jurisdiction
It is the intention of item 4.10(a) of Schedule 2 to
alter or vary section 85 of the Constitution Act
1975.
25
8. Expiry of Act
This Act expires on 1 July 1997 unless, before
that date, a proclamation has been made under
section 2(2).
30 _______________
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PART 3--EMPLOYEE RELATIONS ACT 1992
9. Amendment
The Employee Relations Act 1992 is amended as
set out in Schedule 1.
5 _______________
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Act No.
PART 4--CONSEQUENTIAL AMENDMENTS AND
TRANSITIONAL PROVISIONS
10. Amendment of certain Acts
An Act specified in the heading to an item in
Schedule 2 is amended as set out in that item.
5
11. Transitional provisions
Schedule 3 contains transitional provisions.
_______________
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s. 12 Act No.
PART 5--ANNUAL LEAVE PAYMENTS ACT 1992
12. Repeal
No. 60/1992. (1) The Annual Leave Payments Act 1992 is
repealed.
(2) Sub-section (1) does not revive anything in any
5
determination or contract made before the
commencement of the Annual Leave Payments
Act 1992 that, by reason of that Act, had no force
or effect.
__________________
10
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Sch. 1
Act No.
SCHEDULES
SCHEDULE 1
AMENDMENT OF EMPLOYEE RELATIONS ACT 1992
1. Title
5 In the title, for "Employee Relations" substitute "Long
Service Leave".
2. New section 1 substituted
For section 1 substitute--
"1. Purpose
10 The purpose of this Act is to make provision with
respect to the long service leave entitlements of certain
employees.".
3. Repeal of section 3
Section 3 is repealed.
15 4. Amendment of definitions
In section 4--
(a) the definition of "business day" is repealed;
(b) the definitions of "Chief Commission
Administration Officer", "Commission",
20 "employee" and "employer" are repealed;
(c) the definitions of "Federal Commission",
"industrial action", "industrial authority",
"industrial dispute" and "industrial matter" are
repealed;
25 (d) the definition of "industry" is repealed;
(e) the definitions of "panel", "President", "public
body" and "recognised association" are repealed;
(f) the definitions of "registered medical practitioner",
"shop", "trade union" and "workplace"are
30 repealed.
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5. Repeal of section 5
Section 5 is repealed.
6. Amendment of section 7
In section 7, sub-section (2) is repealed.
5 7. Repeal of certain provisions
(1) Parts 2, 3 and 4 are repealed.
(2) In Part 5, Divisions 1 to 5 are repealed.
8. Long service leave
In Division 6 of Part 5--
10 (a) in section 61(1) and (2), for "Commission" substitute
"Industrial Division of the Magistrates' Court";
(b) in section 65(1)(b), (2), (3), (4) and (5), for
"Commission" substitute "Industrial Division of the
Magistrates' Court";
15 (c) in section 66(3) and (4), for "Commission" substitute
"Industrial Division of the Magistrates' Court";
(d) sections 76 and 77 are repealed;
(e) in section 80(1)--
(i) for "Chief Commission Administration Officer"
20 substitute "Chief Administrator";
(ii) for "the Commission" substitute "him or her".
9. Repeal of Parts relating to ERCV
Parts 6, 7, 8, 9, 10, 11, 12 and 13 are repealed.
10. Inspectors
25 (1) Part 14 is repealed.
(2) In section 154(5), paragraph (b) is repealed.
11. Judicial notice of signatures
In section 155(a)--
(a) omit "the President, a Deputy President, a
30 Commissioner,";
(b) for ", an officer to whom section 154(1)(c) applies,
the Chief Commission Administration Officer or an
13
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Sch. 1
Act No.
inspector" substitute "or an officer to whom section
154(1)(c) applies".
12. Repeal of sections 156, 157 and 162
Sections 156, 157 and 162 are repealed.
5 13. Amendment of section 160
Section 160(3) is repealed.
14. Repeal of sections 163, 165, 166 and 167
Sections 163, 165, 166 and 167 are repealed.
15. Amendment of section 168
10 In section 168--
(a) in paragraph (a), omit "19(1), 37(1) or";
(b) paragraphs (b) and (c) are repealed.
16. Regulations
In section 169(1), paragraphs (c), (e) and (ea) are repealed.
15 17. Further repeals
(1) Part 18 is repealed.
(2) Schedules 1 to 6 are repealed.
__________________
20
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Sch. 2 Act No.
SCHEDULE 2
CONSEQUENTIAL AMENDMENTS
1. Adult, Community and Further Education Act 1991
Section 44 is repealed.
5 2. Appeal Costs Act 1964
Section 13(4) is repealed.
3. BLF (De-recognition) Act 1985
3.1 In section 3--
(a) the definitions of "Chief Commission
10 Administration Officer" and "Commission" are
repealed;
(b) in the definition of "Commonwealth Act", for
"Industrial Relations Act 1988" substitute
"Workplace Relations Act 1996".
15 3.2 In section 6(2)--
(a) omit "the Employee Relations Act 1992 or";
(b) paragraphs (a), (b), (g), (h) and (i) are repealed.
3.3 Section 6(3) is repealed.
4. Construction Industry Long Service Leave Act 1983
20 4.1 In section 3--
(a) in paragraph (a) of the definition of "award", for
"under" substitute "entered into under Part 2 of";
(b) the definition of "Employee Relations Commission" is
repealed.
25 4.2 In section 30A(1) and (2), for "Employee Relations
Commission" substitute "Industrial Division of the
Magistrates' Court".
4.3 In section 30A(3) and (4), for "Commission" substitute
"Court".
30 4.4 In section 30A, sub-sections (5) and (7) are repealed.
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4.5 In section 30A(6), omit "a copy or certificate of which has
been filed with the principal registrar of the Magistrates'
Court".
4.6 In section 32(6) and (7), for "Employee Relations
5 Commission" substitute "Industrial Division of the
Magistrates' Court".
4.7 Section 75 is repealed.
4.8 In section 76(10), for "Employee Relations Commission"
substitute "Industrial Division of the Magistrates' Court".
10 4.9 In section 78(1), (2) and (3), for "Employee Relations
Commission" substitute "Industrial Division of the
Magistrates' Court".
4.10 In section 79--
(a) in sub-section (1), for "Employee Relations
15 Commission" substitute "Industrial Division of the
Magistrates' Court";
(b) sub-sections (2) and (3) are repealed.
5. Country Fire Authority Act 1958
In section 18(1) and (2), after "or under" insert "Part 2 of".
20 6. Education Act 1958
In the definition of "law" in section 64L, after "under"
insert "Part 2 of".
7. Food Act 1984
In section 60(2)(i), for "Part 2 of the Employee Relations
25 Act 1992" substitute "the Long Service Leave Act 1992".
8. Fundraising Appeals Act 1984
In section 6(1), for paragraphs (g) and (h) substitute--
"(g) an organisation registered under the Workplace
Relations Act 1996 of the Commonwealth;".
30 9. Health Services (Conciliation and Review) Act 1987
In the definition of "Industrial Tribunal" in section 3,
paragraph (b) is repealed.
10. Intellectually Disabled Persons' Services Act 1986
In section 67(2), omit "or the Employee Relations Act
35 1992".
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Sch. 2 Act No.
11. Juries Act 1967
In section 50(4A)--
(a) for "the Employee Relations Act 1992 or in any
employment agreement under that Act" substitute
5 "any employment agreement entered into under Part 2
of the Employee Relations Act 1992";
(b) for "that Act" (where secondly occurring) substitute
"the Workplace Relations Act 1996 of the
Commonwealth".
10 12. Legal Practice Act 1996
In section 315(1)(a), after "1992" insert "or an AWA or
certified agreement within the meaning of the Workplace
Relations Act 1996 of the Commonwealth".
13. Market Court Act 1978
15 In section 4(4A) and (6), paragraph (b) is repealed.
14. Mental Health Act 1986
In section 97(2), omit "or the Employee Relations Act
1992".
15. Metropolitan Fire Brigades Act 1958
20 15.1 In sections 33A(1) and 34(1)(ca), for "under the" substitute
"under any employment agreement entered into under Part 2
of the".
15.2 In section 33A(2), after "or under" insert "Part 2 of".
15.3 In section 85--
25 (a) for the expression beginning "The powers" and
ending "; and any" substitute "Any";
(b) for "Commission" (wherever occurring) substitute
"Employee Relations Commission of Victoria";
(c) after "with respect to long service leave" insert "of
30 officers and members of the Metropolitan Fire
Brigade or of officers, servants or employees of the
Board".
16. Occupational Health and Safety Act 1985
16.1 In section 4, the definition of "Employee Relations
35 Commission" is repealed.
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16.2 In section 26(7), for "Employee Relations Commission"
substitute "Industrial Division of the Magistrates' Court";
16.3 In section 32--
(a) in sub-section (3), for "Employee Relations
5 Commission" substitute "Industrial Division of the
Magistrates' Court";
(b) sub-section (4) is repealed.
16.4 In section 36--
(a) in sub-section (1), for "Full Session of the Employee
10 Relations Commission" substitute "Industrial
Division of the Magistrates' Court";
(b) in sub-sections (2) and (3), for "Employee Relations
Commission" substitute "Industrial Division of the
Magistrates' Court".
15 16.5 In section 40(5), for "Employee Relations Commission"
substitute "Industrial Division of the Magistrates' Court".
16.6 In section 46--
(a) in sub-sections (1), (2), (3) and (4)(a), for "Full
Session of the Employee Relations Commission"
20 substitute "Industrial Division of the Magistrates'
Court";
(b) in sub-section (3)(b), for "a Commissioner of the
Employee Relations Commission assigned for that
purpose by the President thereof" substitute "the
25 Industrial Division of the Magistrates' Court".
17. Parliamentary Officers Act 1975
17.1 In section 12B, sub-sections (1), (2), (3) and (5) are
repealed.
17.2 In section 12C, sub-sections (1) and (2) are repealed.
30 18. Police Regulation Act 1958
Division 1 of Part IV is repealed.
19. Pre-School Teachers and Assistants (Leave) Act 1984
19.1 In paragraph (b) of the definition of "award" in section 3,
for "made under the Industrial Relations Act 1988"
35 substitute "or agreement under the Workplace Relations
Act 1996".
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Sch. 2 Act No.
19.2 In sections 4(1)(b), 4(2)(b) and 5(d), for "Employee
Relations" substitute "Long Service Leave".
20. Public Sector Management Act 1992
20.1 In section 3(a), for "Employee Relations Act 1992"
5 substitute "Workplace Relations Act 1996 of the
Commonwealth".
20.2 In section 25, sub-sections (1) and (2) are repealed.
20.3 In section 41(1)(b), for "under the Employee Relations Act
1992" substitute "entered into under Part 2 of the
10 Employee Relations Act 1992 or AWA or certified
agreement under the Workplace Relations Act 1996 of the
Commonwealth".
20.4 In section 82, for "under the Employee Relations Act
1992" substitute "entered into under Part 2 of the
15 Employee Relations Act 1992 or AWA or certified
agreement under the Workplace Relations Act 1996 of the
Commonwealth".
20.5 In section 83--
(a) sub-sections (1) to (4) are repealed;
20 (b) in sub-section (5)--
(i) after "1992" (where first occurring) insert "as
continued in effect by the Workplace Relations
Act 1996 of the Commonwealth";
(ii) omit the expression beginning "and, in
25 determining" and ending at the end of the sub-
section.
20.6 In section 104(2), omit ", the Employee Relations Act
1992".
21. Teaching Service Act 1981
30 21.1 In section 2--
(a) the definition of "Employee Relations Commission" is
repealed;
(b) in the definition of "industrial association of
employees" for "association of employees or a group
35 of associations of employees recognised under Part 12
of the Employee Relations Act 1992" substitute
19
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"organisation of employees registered under the
Workplace Relations Act 1996 of the
Commonwealth.
21.2 Section 15 is repealed.
5 21.3 In section 18(1), omit "the Employee Relations Act 1992
and".
21.4 In section 21--
(a) sub-sections (1) and (3) are repealed;
(b) in sub-section (2), for "made or entered into under"
10 substitute "entered into under Part 2 of".
22. Trade Unions Act 1958
In section 3(2), for "Chief Commission Administration
Officer of the Employee Relations Commission under the
Employee Relations Act 1992" substitute "Head of the
15 Department for which the Minister is responsible".
23. Transport Act 1983
In section 83(2), after "made under" insert "Part 2 of".
24. Vocational Education and Training Act 1990
24.1 In section 34A(3), omit "the Employee Relations Act 1992
20 and".
24.2 Section 53A(4) is repealed.
24.3 In section 57(2), for "the Employee Relations Act 1992 or
an employment agreement or contract of employment
referred to in that Act" substitute "any employment
25 agreement or any other contract of employment".
24.4 In section 63(4), for "described in section 14(4)(b) or
25(1)(b) of the Employee Relations Act 1992 or the
deduction of payment in accordance with item 1 of Schedule
5 to that Act" substitute "of the contract of training for the
30 standing-down of trainees who cannot be usefully employed
because of any strike, breakdown of machinery or any
stoppage of work for any cause for which the employer
cannot reasonably be held responsible or the deduction of
payment for any part of a day during which a trainee is so
35 stood-down".
24.5 In section 93(1), omit "or the Employee Relations Act
1992".
24.6 In Schedule 2, clauses 1 and 3 are repealed.
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24.7 In clause 5(4) of Schedule 3, for "the Employee Relations
Act 1992 or any other" substitute "any".
25. Vocational Education and Training (College Employment) Act
1993
5 Section 19(5) is repealed.
__________________
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Sch. 3
Act No.
SCHEDULE 3
TRANSITIONAL PROVISIONS
1. Definitions
In this Schedule--
5 "commencement day" means the day on which section 11
comes into operation;
"former Act" means the Employee Relations Act 1992 as
in force immediately before the commencement day;
"former Commission" means the Employee Relations
10 Commission of Victoria established by section 82 of
the Employee Relations Act 1992.
2. Abolition of Commission
(1) The Employee Relations Commission of Victoria
established by section 82 of the Employee Relations Act
15 1992 is abolished and the members of that Commission go
out of office.
(2) The Commission Administration Office established by
section 88 of the Employee Relations Act 1992 is
abolished and the Chief Commission Administration Officer
20 goes out of office.
3. Proceedings
(1) In this clause, "relevant proceeding" means a proceeding
under an Act other than the former Act--
(a) begun before the former Commission before the
25 commencement day and which had not been
completed at that day; and
(b) that could have been brought before the Industrial
Division of the Magistrates' Court if it had been
begun on or after the commencement day.
30 (2) If before the commencement day the former Commission
had begun to hear any relevant proceeding and at that day
evidence on any question of fact material to that proceeding
had been given to the former Commission but the
proceeding had not been finally determined, any party to the
35 proceeding may apply in writing to the Industrial Division
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Commonwealth Powers (Industrial Relations) Act 1996
Sch. 3 Act No.
of the Magistrates' Court for a determination under sub-
clause (3).
(3) On an application under sub-clause (2), the Industrial
Division of the Magistrates' Court may determine--
5 (a) to accept the proceeding as part-heard and to continue
the hearing; or
(b) to re-hear the proceeding--
in accordance with the Act under which it is brought.
(4) If a relevant proceeding is continued to be heard, or is re-
10 heard, by the Industrial Division of the Magistrates' Court in
accordance with a determination under sub-clause (3),
anything done in relation to that proceeding before the
commencement day shall, so far as consistent with the Act
under which it is brought, be taken to have been done for
15 the purposes of the hearing and determination of the
proceeding by the Magistrates' Court and the Court may, for
the purposes of the hearing or re-hearing, have regard to any
record of the earlier proceeding before the former
Commission.
20 (5) If before the commencement day a relevant proceeding was
pending before the former Commission but the former
Commission had not begun to hear it or had begun to hear it
but at the commencement day had not been given evidence
on any question of fact material to it, the proceeding is to be
25 heard and determined by the Industrial Division of the
Magistrates' Court in accordance with the Act under which
it is brought and anything done in relation to that proceeding
must, so far as consistent with that Act, be taken to have
been done for the purposes of the hearing and determination
30 of the proceeding by the Magistrates' Court.
(6) If any difficulty arises in any particular matter because of
the operation of this clause, the Chief Magistrate may make
any order that he or she considers appropriate to resolve the
difficulty.
35 (7) The Chief Magistrate may make an order under sub-clause
(6) on the application of a party to the matter, or on the
Chief Magistrate's own initiative.
(8) An order under sub-clause (6) has effect despite anything to
the contrary in the former Act or in the Act under which the
40 matter arises.
4. References to employment agreements
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Act No.
A reference in any Act or subordinate instrument within the
meaning of the Interpretation of Legislation Act 1984 to
an employment agreement within the meaning of the
Employee Relations Act 1992 must be taken to be a
5 reference to an employment agreement within the meaning
of that Act as in force immediately before the repeal of Part
2 of that Act.
5. References to recognised associations
A reference in any Act or subordinate instrument within the
10 meaning of the Interpretation of Legislation Act 1984 to a
recognised association within the meaning of the Employee
Relations Act 1992 must be taken to be a reference to an
organisation registered under the Workplace Relations Act
1996 of the Commonwealth.
15 6. References to Employee Relations Act 1992
(1) A reference in any Act or subordinate instrument within the
meaning of the Interpretation of Legislation Act 1984 to a
provision of the Employee Relations Act 1992 that is
repealed by Schedule 1 to this Act must be taken, unless the
20 contrary intention appears, to be a reference to that
provision of the former Act.
(2) A reference in any Act or subordinate instrument within the
meaning of the Interpretation of Legislation Act 1984 to a
provision of the Employee Relations Act 1992 that is not
25 repealed by Schedule 1 to this Act must be taken, unless the
contrary intention appears, to be a reference to that
provision of the Long Service Leave Act 1992.
7. Savings and transitional regulations
(1) The Governor in Council may make regulations that contain
30 provisions of a savings and transitional nature consequent
on--
(a) the enactment of this Act; or
(b) the enactment by the Parliament of the
Commonwealth of an Act consequent on the
35 enactment of this Act.
(2) A provision mentioned in sub-clause (1) may be
retrospective in operation.
(3) Regulations under this clause have effect despite anything to
the contrary in any Act other than this Act or in any
40 instrument made under an Act.
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Sch. 3 Act No.
8. Interpretation of Legislation Act 1984
This Schedule does not affect or take away from the
Interpretation of Legislation Act 1984.
5
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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