Industrial Arbitration (Public Service) Amendment Act 1979 (NSW)

I N D U S T R I A L A R B I T R A T I O N (PUBLIC SERVICE)

A M E N D M E N T A C T , 1979 , N o . 9 2

ANNO V1CESIMO OCTAVO

ELIZABETHE II REGINE

Act N o . 9 2 , 1 9 7 9 .

An Act to amend the Industrial Arbitration Act, 1940, consequent on and in connection with the enactment of the Public Service Act, 1979. [Assented to, 16th May, 1979.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by

the authority of the same, as follows :—

This Act may be cited as the "Industrial Arbitration (Public Service) Amendment Act, 1979".

1.

1. (1) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided by subsection ( 1 ) , this Act shall

commence on the day appointed and notified under section 2 (2)
of the Public Service Act, 1979.

3.      This Act contains the following Schedules :—

SCHEDULE 1 .—AMENDMENTS TO THE INDUSTRIAL

ARBITRATION A C T , 1940.

SCHEDULE 2.—SAVINGS AND TRANSITIONAL PROVISIONS.

1. The Industrial Arbitration Act, 1940, is amended in the

manner set forth in Schedule 1.

5.      Schedule 2 has effect.

SCHEDULE 1.

AMENDMENTS TO THE INDUSTRIAL ARBITRATION A C T , 1940.

(1 ) (a ) Section 20 ( 1 B ) —

Omit "Acts", insert instead "Act, 1979,".

(b) Section 20 (1B ) ( b ) —

Omit "said Board" where firstly occurring, insert instead "Public Service Board or any other person".

(c) Section 20 (1B ) ( b ) —

Omit "said Board" where secondly occurring, insert instead "Public Service Board or other person".

(d) Section 20 (1D ) ( b ) —

Omit "Public Service Act, 1902", insert instead

"Public Service (Promotion Appeals) Act, 1902".

(2) Section 20A ( 2 ) —

Omit the subsection, insert instead:—

(2) The references in subsection (1) to the dismissal or proposed dismissal of an employee are, in relation to a person employed under the Public Service Act, 1979, references to the termination or proposed termination of the employment of that person under section 80, 87, 88, 94 or 95 of that Act or as referred to in section 118 of that Act, including the termination or proposed termination of the employment of that person under section 87, 88, 94 or 95 of that Act pursuant to a direction that he resign or be allowed to resign.

SCHEDULE 2.

SAVINGS AND TRANSITIONAL PROVISIONS.

1. (1) Any proceedings pending for the purposes of section 20A of the Industrial Arbitration Act, 1940, immediately before the commencement of this Schedule, in relation to any matter referred to in subsection (2) of that section, shall be heard and disposed of as if this Act and the Public Service Act, 1979, had not been enacted.

(2) Proceedings may be commenced for the purposes of section 20A of the Industrial Arbitration Act, 1940, in relation to any matter referred to in subsection (2) of that section, being proceedings that could have been commenced before the commencement of this Schedule, and may be heard and disposed of, as if this Act and the Public Service Act, 1979, had not been enacted.

(3) The person or body making an award in proceedings referred to in subclause (1) and (2) of this clause may include in the award such provisions as appear to the person or body to be appropriate having re­ gard to the enactment of this Act and the Public Service Act, 1979.

(4) An award made in proceedings referred to in subclause (1) or (2) of this clause shall be given effect to, according to its spirit and in­ tention, by all persons and authorities having authority under the Public Service Act, 1979, in relation to the subject-matter of the award.

2. (1) The Governor may make regulations containing other provisions of a savings and transitional nature consequent on the enactment of this Act.

(2) The provisions of clause 20 ( 2 ) - ( 4 ) of Schedule 6 to the Public
Service Act, 1979, apply to and in respect of regulations made under this

clause in the same way as they apply to and in respect of regulations made

under clause 20 of that Schedule.