Industrial Relations (Consequential Provisions) Act 1988

Administered by Department of Employment and Workplace Relations

Legislation au C2004A03680 In force Act

Legislation content

Industrial Relations (Consequential Provisions) Act 1988

Act No. 87 of 1988 as amended

This compilation was prepared on 28 May 2004
taking into account amendments up to Act No. 62 of 2004

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

 

 

 

Contents

Part I—Preliminary

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Repeals

4 Interpretation

Part II—Savings and transitional provisions

Division 1—Organisations and awards

5 Organisations registered under previous Act

6 Cancellation of registration under previous Act

7 Awards in force under previous Act

Division 2—Proceedings pending in Federal Court

8 Certain proceedings to be dealt with under Industrial Relations Act

9 Certain proceedings to be continued under previous Act

10 Appeals from Federal Court

Division 3—Proceedings to be dealt with by new Commission

11 Uncompleted proceedings before former Commission etc.

12 Federal Police Arbitral Tribunal

13 References to proceedings and matters

14 Industrial disputes notified under previous Act

15 References to industrial disputes

16 Presidential Member may refer certain matters to Registrar

17 President may resolve difficulties

Division 4—General provisions

18 References to persons or bodies appointed or established under Industrial Relations Act

19 Provisions of previous Act imposing obligations for specified periods etc.

20 Continued operation of provisions of previous Act

21 Law to be applied in appeals

22 Presidential Member dealing with applications under previous Act

23 Documents or money filed or lodged under previous Act

Division 5—Operation of particular provisions of previous Act and Industrial Relations Act

24 Appeals to Full Bench of Commission

25 Questions referred to Court by Commission

26 Register of organisations

27 Questions referred to Commission

28 Appeals from acts and decisions of Registrar under previous Act

29 Questions referred to Court by Registrar

30 Inspectors appointed under previous Act

31 Certain matters to be dealt with by Full Bench

32 Review of certain awards and decisions

33 Exercise of conciliation powers before commencement

34 Demarcation orders

35 Certified memorandums

36 Stand‑down applications

37 References to Local Industrial Boards

38 Inspection

39 Ballots relating to industrial action

40 Common rules

41 Employers bound by awards

42 Disputes relating to boycotts

43 Port Conciliators

44 Joint proceedings

45 Registration of organisations

46 Certificates of registration

47 Secret postal ballots

48 Change of name or alteration of eligibility rules

49 Alteration of rules other than eligibility rules

50 Period within which rules must be made consistent with Industrial Relations Act

51 Orders in relation to rules

52 Order directing performance of rules

53 Elections under previous Act

54 Elections after commencement

55 Inquiries into elections

56 Prescribed offences

57 Disqualifications from office

58 Amalgamations

59 Validating provisions

60 Entitlement to membership of organisations

61 Resignation from organisation before commencement

62 Certificate of…

Overview

The Industrial Relations (Consequential Provisions) Act 1988 was enacted to address the transitional issues arising from the introduction of the Industrial Relations Act 1988, which replaced the Conciliation and Arbitration Act 1904. The Act was passed by the Commonwealth Parliament and received Royal Assent on 8 November 1988. The primary objective of this legislation is to ensure a smooth transition from the old industrial relations framework to the new one by addressing various legal and procedural matters that needed to be resolved as a result of the enactment of the new Act. This includes the preservation of ongoing proceedings, the continuity of existing awards and agreements, and the transfer of responsibilities from the old institutions to the new Australian Industrial Relations Commission.

Scope and Application

The Industrial Relations (Consequential Provisions) Act 1988 applies to Australia, specifically addressing the transitional provisions necessary due to the enactment of the Industrial Relations Act 1988. This Act deals with the continuation and modification of certain provisions under the previous Conciliation and Arbitration Act 1904, ensuring that existing legal processes, proceedings, and obligations are effectively transitioned to the new framework established by the Industrial Relations Act 1988. The Act applies to entities such as organisations registered under the previous Act, ongoing industrial disputes, and various proceedings that were pending or in process before the commencement of the new Act. It ensures the seamless continuation of such matters under the new Industrial Relations Act, including the transfer of documents and proceedings to the Australian Industrial Relations Commission. The Act also makes amendments to various other Acts to align them with the new industrial relations framework, ensuring consistency and continuity in the application of industrial relations laws across the Commonwealth.

Key Provisions

  • The Industrial Relations (Consequential Provisions) Act 1988 primarily provides for the transition from the Conciliation and Arbitration Act 1904 to the Industrial Relations Act 1988. Key sections include the preservation of existing registrations, awards, and decisions under the previous Act until they are altered under the new Act (sections 5, 6, 7). It also deals with proceedings pending in the Federal Court and before the former Australian Conciliation and Arbitration Commission, ensuring they are continued or dealt with under the new Industrial Relations Act (sections 8, 9, 11). The Act specifies how certain matters, such as industrial disputes notified under the previous Act, are to be dealt with under the new Act (sections 14, 15). Furthermore, it addresses the application of the new Act to particular provisions of the previous Act, such as appeals, proceedings, and rules (sections 24, 25, 26, 27).
  • The Act imposes obligations on parties and entities governed by it, including the continuation of certain awards and decisions, the transfer of proceedings to the new Australian Industrial Relations Commission, and the adaptation of rules under the new Act (sections 7, 11, 12, 18). It also mandates the preservation of ongoing elections, inquiries, and other administrative processes under the previous Act until they are completed or otherwise dealt with (sections 53, 54, 55).
  • Offences and penalties for breaches under the Act are governed by the Industrial Relations Act 1988. These include prescribed offences such as non-compliance with awards, decisions, or orders, and penalties for offences by organisations in relation to industrial action (sections 56, 72, 73). The Act also specifies offences related to members of organisations, amalgamations, and financial assistance (sections 72, 75). Additionally, it outlines the consequences for invalidating provisions, changes in organisational rules, and the enforcement of awards and judgments (sections 59, 67, 68).
  • In summary, the Act ensures a smooth transition from the Conciliation and Arbitration Act 1904 to the Industrial Relations Act 1988 by preserving existing structures and processes, while imposing new obligations and penalties for non-compliance under the new legislative framework.

Legal classification tags

Area of Law
Industrial Relations & Employment
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Offence Provisions
Civil Penalty Provisions
Enforcement Powers
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.