Industrial Relations Amendment (Federal Award Employees) Act 1998 (NSW)
New South Wales
Industrial Relations Amendment
(Federal Award Employees) Act 1998
No 164
Contents
Page
2
1 Name of Act
2
2 Commencement
2
3 Amendment of Industrial Relations Act 1996 No 17
3
Schedule 1 Amendments
New South Wales
Industrial Relations Amendment
(Federal Award Employees) Act 1998
No 164
Act No 164, 1998
An Act to amend the Industrial Relations Act 1996 to enable the Australian Industrial Relations Commission and the Federal Court of Australia to exercise functions with respect to the unfair dismissal of certain Federal award employees: and for other purposes. [Assented to 14 December 1998]
| Section 1 | industrial Relations Amendment (Federal Award Employees) Act 1998 No 164 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Industrial Relations Amendment (Federal Award
Employees) Act 1998.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Amendment of Industrial Relations Act 1996 No 17
The Industrial Relations Act 1996 is amended as set out in
Schedule 1.
Industrial Relations Amendment (Federal Award Employees) Act 1998 No 164
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 83 Application of Part
Insert after section 83 (1):
(1A) This Part applies to the termination of employment of a Federal award employee employed in the State, but only to the extent that section 90A applies to it.
[2] Section 83 (5)
Insert in alphabetical order:
Federal Act means the Workplace Relations Act 1996 of
the Common wealth. Federal award employee has the same meaning as in section 170CD of the Federal Act.
[3] Sections 90A and 9OB
Insert after section 90:
90A Federal award employees
(1)
The purpose of this section is to enact provisions relating to the termination of employment of certain Federal award employees. as contemplated by section 5 (8) and (9) of the Federal Act.
(2) In this section: affected employee means a person whose employment is terminated and who is. or who was before the termination. a Federal award employee employed in the State. but does not include an employee referred to in section 170CB (1) (a)–(d) of the Federal Act.
Industrial Relations Amendment (Federal Award Employees) Act 1998 No 164
| Schedule 1 | Amendments |
The provisions of Subdivision B of Division 3 of Part VIA of the Federal Act (and any other relevant provisions of the Federal Act and any relevant regulations under the Federal Act) apply as a law of the State for the purpose of enabling the Australian Industrial Relations Commission to exercise functions with respect to the termination of employment of affected employees.
The provisions of the Federal Act (and any relevant regulations under the Federal Act) apply as a law of the State for the purpose of enabling the Federal Court of Australia to exercise functions with respect to the termination of employment of affected employees in connection with orders of the Australian Industrial Relations Commission to the extent that those orders are made in the exercise of the provisions of the Federal Act as applied by this section.
The regulations may:
(a)
declare that specified provisions of the Federal Act or of the regulations under the Federal Act are within the operation of subsection (3) or (4) or both. or
(b)
exclude specified provisions of the Federal Act or of the regulations under the Federal Act from the
operation of subsection (3) or (4) or both. Regulations may not be made for the purposes of subsection (5) unless the Minister certifies to the Governor that the Commonwealth Minister administering the Federal Act has been consulted about
the proposed regulations.
9OB Termination of operation of section 90A
(1)
The Governor may. at any time. by proclamation, fix a day as the day on which section 90A ceases to operate.
Industrial Relations Amendment (Federal Award Employees) Act 1998 No 164
Amendments Schedule 1
(2) Section 90A ceases to operate on the day fixed under this section, except as regards matters pending before the Australian Industrial Relations Commission or the Federal Court of Australia immediately before that day.
[4] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Industrial Relations Amendment (Federal Award
Employees) Act I998
[5] Schedule 4, clause 17A
Insert after clause 17:
17A Federal award employees
Section 90A (which was inserted by the Industrial Relations Amendment (Federal Award Employees) Act 1998) does not apply to a termination of employment that occurred before the commencement of that section.
[Minister’s second reading speech made in—
Legislative Assembly on 10 November 1998
Legislative Council on 3 December 1998]
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