Commonwealth Consolidated Acts

INDUSTRIAL RELATIONS (CONSEQUENTIAL PROVISIONS) ACT 1988 - SCHEDULE 2

Section   86

Administrative Decisions (Judicial Review) Act 1977

Paragraph   (a) of Schedule   1

Omit ", other than decisions of the Director of the Industrial Relations Bureau made on behalf of the Bureau;", substitute "or the Industrial Relations Act 1988 ;".

Paragraph   (b) of Schedule   1

Omit the paragraph.

Affirmative Action (Equal Employment Opportunity for Women) Act 1986

Subsection 3(1) (paragraph   (a) of the definition of trade union )

Omit the paragraph, substitute the following paragraph:

  (a)   an association of employees that is an organisation within the
meaning of the Industrial Relations Act 1988 ; or

Audit Act 1901

Subparagraph 48B(4)(a)(iii)

Omit "Commonwealth Conciliation and Arbitration Commission", substitute "Australian Industrial Relations Commission".

Subparagraph 48B(4)(a)(iv)

Omit the subparagraph.

Australian Broadcasting Corporation Act 1983

Section   3 (definition of award )

Omit "means--", substitute "means an award within the meaning of the Industrial Relations Act 1988 , and includes:

  (aa)   a certified agreement that is taken to be an award under that Act;".

Subsections 41(12), 57(13) and 66(14)

Omit "an organization registered under the Conciliation and Arbitration Act 1904 ", substitute "an organisation within the meaning of the Industrial Relations Act 1988 ".

Australian Federal Police Act 1979

Subsection 26A(5)

Omit the subsection.

Heading to Division   1 of Part   V:

Omit the heading.

Subsection 29(1) (definitions of agreement , association , Commission , determination and Tribunal )

Omit the definitions.

Subsection 29(2)

Omit the subsection.

Section   30

Add at the end "and may vary or rescind any such determination".

Sections   31 and 32

Repeal the sections.

Subsection 34(5)

Omit "formed in accordance with regulations made under paragraph 40(1)(a)", substitute "of members that is an organisation within the meaning of the Industrial Relations Act 1988 ".

Paragraph 40(1)(a)

Omit the paragraph.

Divisions   2 and 3 of Part   V

Repeal the Divisions.

Section   74

Repeal the section.

Australian National Railways Commission Act 1983

Division   4 of Part   IV

Repeal the Division.

Builders Labourers' Federation (Cancellation of Registration Consequential Provisions) Act 1986

Section   3 (definition of award )

Omit the definition, substitute the following definition:

"award" means:

  (a)   an award made under, or a certified agreement that is taken to be an award made under, the Industrial Relations Act; or

  (b)   an award made under the Conciliation and Arbitration Act, an order made by the Australian Conciliation and Arbitration Commission under that Act or a memorandum certified in accordance with section   28 of that Act.

Section   3 (definition of Commission )

Omit "Australian Conciliation and Arbitration Commission", substitute "Australian Industrial Relations Commission".

Section   3 (definition of industrial dispute )

Omit "Conciliation and Arbitration Act", substitute " Industrial Relations Act".

After the definition of industrial dispute in section   3

Insert the following definition:

" Industrial Relations Act" means the Industrial Relations Act 1988 .

Section   3 (subparagraph   (b)(i) of the definition of non - registered association )

Omit "registered under the Conciliation and Arbitration Act", substitute "an organisation within the meaning of the Industrial Relations Act".

Section   3 (definition of Registrar )

Omit the definition.

Subsection 4(1)

Add at the end "in spite of the repeal of that Act".

Subsection 4(4)

Omit "Conciliation and Arbitration Act" (first occurring), substitute " Industrial Relations Act".

Subparagraph 4(4)(a)(ii)

Omit "section   4 of the Conciliation and Arbitration Act", substitute " subsection 4(1) of the Industrial Relations Act".

Paragraph 4(4)(b)

Omit the paragraph, substitute the following paragraph:

  (b)   an industrial issue within the meaning of section   5 of the Industrial Relations Act, so far as that industrial issue relates to a claim made by a non - registered association or by persons who are members of a non - registered association.

Subsection 4(5)

  (a)   Omit "Conciliation and Arbitration Act", substitute " Industrial Relations Act".

  (b)   Omit "organization of employees registered under that Act", substitute "association of employees that is an organisation within the meaning of that Act".

Subsection 4(6)

  (a)   Omit "before the Commission or the Registrar", substitute "under this Act or the Industrial Relations Act".

  (b)   Omit "section   132 of the Conciliation and Arbitration Act", substitute "Division   1 of Part   IX of the Industrial Relations Act".

Subsection 5(1)

  (a)   Omit "section   132 of the Conciliation and Arbitration Act", substitute "Division   1 of Part   IX of the Industrial Relations Act".

  (b)   Omit "that section", substitute "that Division".

Subparagraph 5(1)(b)(i)

Omit "that section", substitute "that Division".

Subparagraph 5(1)(b)(ii)

Omit "Conciliation and Arbitration Act", substitute " Industrial Relations Act".

Paragraph 5(1)(c)

  (a)   Omit "Conciliation and Arbitration Act", substitute " Industrial Relations Act".

  (b)   Omit "section   132", substitute "Division   1 of Part   IX".

Subsection 5(2)

Omit the subsection.

Subsection 6(1)

Omit the subsection, substitute the following subsection:

  (1)   The powers of the Commission under or by virtue of this Act are exercisable by a Full Bench of the Commission established under subsection 30(2) of the Industrial Relations Act.

Subsection 6(2)

Omit "Conciliation and Arbitration Act", substitute " Industrial Relations Act".

Subsection 7(2)

Omit "organization of employees that is registered under the Conciliation and Arbitration Act", substitute "association of employees that is an organisation within the meaning of the Industrial Relations Act".

Subsection 7(3)

  (a)   Omit "organization of employees that is registered under the Conciliation and Arbitration Act", substitute "association of employees that is an organisation within the meaning of the Industrial Relations Act".

  (b)   Omit "to which the Registrar has consented under section   139", substitute "which has been consented to under section   234".

Subsection 7(4)

Omit "Conciliation and Arbitration Act", substitute " Industrial Relations Act".

Commonwealth Electoral Act 1918

Section   5 (definition of electoral matters )

Insert "or the Industrial Relations Act 1988 " after " Conciliation and Arbitration Act 1904 ".

Commonwealth Teaching Service Act 1972

Division   7 of Part   III

Repeal the Division.

Subsection 43Y(3)

Omit " Conciliation and Arbitration Act 1904 ", substitute " Industrial Relations Act 1988 ".

Compensation (Commonwealth Government Employees) Act 1971

Before paragraph 103(1)(a)

Insert the following paragraph:

  (aa)   an award, or an order of the Australian Industrial Relations Commission, made under the Industrial Relations Act 1988 ;

Defence Act 1903 Section   58F (definition of Commission )

Omit the definition, substitute the following definition:

"Commission" means the Australian Industrial Relations Commission established by section   8 of the I ndustrial Relations Act 1988 .

Section   58F (definition of presidential member of the Commission )

Omit "section   6 of the Conciliation and Arbitration Act 1904 ", substitute "section   9 of the Industrial Relations Act 1988 ".

Evidence Act 1905

Paragraph 4(1)(a)

Insert "or of the Australian Industrial Relations Commission" after "Commission".

Paragraph 4(1)(b)

Omit "or of the Commonwealth Conciliation and Arbitration Commission", substitute ", of the Commonwealth Conciliation and Arbitration Commission or of the Australian Industrial Relations Commission".

Freedom of Information Act 1982

Schedule   1:

  (a)   Omit "Australian Conciliation and Arbitration Commission", substitute "Australian Industrial Relations Commission".

  (b)   Omit "Flight Crew Officers Industrial Tribunal".

  (c)   Omit "Public Service Arbitrators and Deputy Public Service Arbitrators".

Health Insurance Act 1973

Subsections 78D(2), 78E(1) and 78H(1)

Omit "Australian Conciliation and Arbitration Commission", substitute "Australian Industrial Relations Commission".

Income Tax Assessment Act 1936

Subsection 27A(1) and section   116E (paragraph   (c) of the definition of registered organization in each provision)

Omit "registered as an organization under the Conciliation and Arbitration Act 1904 ", substitute "an organisation within the meaning of the Industrial Relations Act 1988 ".

Insurance Act 1973

Subsection 3(1) (paragraph   (e) of the definition of insurance business )

Omit "registered as an organization under the Conciliation and Arbitration Act 1904 ", substitute "an organisation within the meaning of the Industrial Relations Act 1988 ".

Insurance (Deposits) Act 1932

Subsection 3(1) (paragraph   (e) of the definition of Insurance business )

Omit "registered as an organization under the Conciliation and Arbitration Act 1904 - 1972 ", substitute "an organisation within the meaning of the Industrial Relations Act 1988 ".

Judicial and Statutory Officers (Remuneration and Allowances) Act 1984

Subsection 3(2)

Insert "or the Australian Industrial Relations Commission" after "Commission".

After paragraph   (a) of the definition of headquarters in subsection 6(1)

Insert the following paragraph:

  (aa)   if that office is an office of President or Deputy President of the Australian Industrial Relations Commission, and the sole or principal place of residence of the person is situated in a locality in which there is a registry of the Australian Industrial Registry--that locality; or

Subsection 6(1) (paragraph   (b) of the definition of headquarters )

Insert "or (aa)" after "(a)".

Subsection 6(1) (paragraphs   (b) and (c) of the definition of office to which this section applies )

Omit the paragraphs, substitute the following word and paragraph:

  ; or (b)   President or Deputy President of the Australian Industrial Relations Commission.

Judiciary Act 1903

Paragraph 39B(2)(a)

Omit " Conciliation and Arbitration Act 1904 ", substitute " Industrial Relations Act 1988 ".

Jurisdiction of Courts (Cross - vesting) Act 1987

Subsection 4(4)

Insert " Industrial Relations Act 1988 , the" before " Conciliation and Arbitration Act 1904 ".

Jury Exemption Act 1965

Schedule:

Omit "Commonwealth Conciliation and Arbitration Commission", substitute "Australian Industrial Relations Commission".

Life Insurance Act 1945

Subsection 4(1) (paragraph   (aa) of the definition of life insurance business )

Omit "registered as an organization under the Conciliation and Arbitration Act 1904 ", substitute "an organisation within the meaning of the Industrial Relations Act 1988 ".

Long Service Leave (Commonwealth Employees) Act 1976

Paragraph 12(11)(a)

Omit the paragraph, substitute the following paragraph:

  (a)   the employee is an officer or employee, within the meaning of the Industrial Relations Act 1988 , of an organisation within the meaning of that Act; or

Paragraph 15(1)(a)

Omit "and" (last occurring).

After paragraph 15(1)(b)

Insert the following word and paragraph:

  ; and (c)   does not prevent the making of an award, or the certification of an agreement, under the Industrial Relations Act 1988 in relation to long service leave for maritime employees included in a prescribed class of maritime employees, or affect the operation of such an award or agreement.

Subsection 15(1)

Omit all the words from and including "and subsection 41A(2)".

Subsection 15(4)

Omit the subsection, substitute the following subsection:

  (4)   In this section:

"maritime employee" has the same meaning as in the Industrial Relations Act 1988 .

"seamen" has the same meaning as in Division   2 of Part   III of the Conciliation and Arbitration Act 1904 .

Maritime College Act 1978

Section   29

Repeal the section.

Merit Protection (Australian Government Employees) Act 1984

Paragraphs 40(b) and 48(b)

Omit "an organization that is registered under the Conciliation and Arbitration Act 1904 and", substitute "an organisation within the meaning of the Industrial Relations Act 1988 that".

National Crime Authority Act 1984

Subsection 19A(8) (definition of prescribed agency )

Omit "Australian Conciliation and Arbitration Commission", substitute "Australian Industrial Relations Commission".

Schedule

  (a)   Omit " Conciliation and Arbitration Act 1904 , section   186".

  (b)   Insert " Industrial Relations Act 1988 , section   330" after " Human Rights Commission Act 1981 , section   34".

National Health Act 1953

Subsections 98A(4), 98B(5), 99A(2), 99B(1) and 99D(1) and (10)

Omit "Australian Conciliation and Arbitration Commission", substitute "Australian Industrial Relations Commission".

Naval Defence Act 1910

Subsection 42A(7)

Omit " Conciliation and Arbitration Act 1904 ", substitute " Industrial Relations Act 1988 ".

Navigation Act 1912

Subsection 45B(1)

Omit "Australian Conciliation and Arbitration Commission", substitute "Australian Industrial Relations Commission".

Section   135

Repeal the section, substitute the following section:

135   Application of Division

    This Division applies subject to any award in force under the Industrial Relations Act 1988 that was made:

  (a)   in relation to an industrial issue referred to in paragraph 5(3)(b) of that Act; or

  (b)   under Division   2 of Part   III of the Conciliation and Arbitration Act 1904 .

Subsection 138(6)

Omit "or an organization of seamen registered under the Conciliation and Arbitration Act 1904 - 1952 ", substitute ", or an association of seamen that is an organisation within the meaning of the Industrial Relations Act 1988 ,".

Section   292

Omit "under the Conciliation and Arbitration Act 1904 - 1956 ", substitute "within the meaning of the Industrial Relations Act 1988 ".

Northern Territory (Self - Government) Act 1978

Section   53

Repeal the section, substitute the following section:

53   Application of Industrial Relations Act

  (1)   The Industrial Relations Act 1988 applies in relation to industrial disputes in the Territory as if paragraph   (a) of the definition of industrial dispute in subsection 4(1) were omitted and the following paragraph substituted:

  "(a)   an industrial dispute (including a threatened, impending or probable industrial dispute) that is about matters pertaining to the relationship between employers and employees; or".

  (2)   For the purposes of the application of the Industrial Relations Act 1988 under subsection   (1), an industrial dispute in relation to the employment of persons employed for the performance of work wholly or mainly in the Territory shall be taken to be an industrial dispute in the Territory.

  (3)   Until provision to the contrary is made by an Act, the powers of the Australian Industrial Relations Commission do not extend to employment in respect of which a tribunal established by an enactment before 1   July 1978 has power to hear and determine disputes, claims or matters relating to the terms and conditions of the employment.

  (4)   Provision may be made by enactment for a member of the Australian Industrial Relations Commission to constitute, or to be a member of, a tribunal established by an enactment before 1   July 1978, and nothing in this section or the Industrial Relations Act 1988 prevents a member of the Commission from accepting appointment or performing duties as, or as a member of, such a tribunal.

  (5)   The power of the Legislative Assembly conferred by section   6 in relation to the making of laws does not extend to the making of a law conferring on any court, tribunal, board, body, person or other authority any power in relation to the hearing and determining of disputes, claims or matters relating to terms and conditions of employment.

  (6)   Subsection   (5) does not prevent the making of:

  (a)   a law conferring the power to make determinations by way of the ascertainment of rights or obligations conferred or imposed on persons by law; or

  (b)   a law conferring power on the Public Service Commissioner of the Territory, on a body established by enactment, or on the holder of an office established by enactment, to make determinations by way of the fixing of terms and conditions of employment of persons employed in the Public Service of the Territory or employed by that body or by the holder of that office, as the case may be.

  (7)   Where an enactment, or a determination referred to in paragraph   (6)(b), that came or comes into operation on or after 1   July 1978 is inconsistent with:

  (a)   an award or order made under the Industrial Relations Act 1988 ; or

  (b)   an award or order made, whether before or after the commencement of this section, under the Conciliation and Arbitration Act 1904 ;

the award or order prevails and the enactment or determination is, to the extent of the inconsistency, invalid.

Postal Services Act 1975

Division   8 of Part   V

Repeal the Division.

Public Service Act 1922

Before paragraph   (b) of the definition of industrial award in subsection 7(1)

Insert the following paragraph:

  (a)   an award under the Industrial Relations Act 1988 ;

Subsection 7(1) (paragraph   (a) of the definition of relevant staff organization )

Omit "registered under the Conciliation and Arbitration Act 1904 ", substitute "an organisation within the meaning of the Industrial Relations Act 1988 ".

Subsection 9(3A)

Omit the subsection.

Paragraph 61(3)(a)

Omit the paragraph, substitute the following paragraph:

  (a)   to an organisation specified by the officer, being an organisation within the meaning of the Industrial Relations Act 1988 ; or

Remuneration Tribunals Act 1973

Title

Omit all the words after "establish", substitute "a tribunal in relation to the remuneration and allowances of the holders of certain public and other offices, and for related purposes".

Short title

Omit "Tribunals", substitute "Tribunal".

Subsection 3(1)

Insert the following definitions:

"Commonwealth higher education institution" means a higher education institution established by or under a law of the Commonwealth or of a Territory (other than the Northern Territory ).

"executive education office" means an office of:

  (a)   the Vice - Chancellor, or Deputy Vice - Chancellor, of the Australian National University ;

  (b)   the Principal, or Deputy Principal, of the Canberra College of Advanced Education; or

  (c)   the Principal, or Deputy Principal, of the Australian Maritime College.

"higher education institution" means an institution that is a higher education institution within the meaning of the Employment, Education and Training Act 1988 (other than an institution declared by the regulations not to be a higher education institution for the purposes of this Act), and includes any other institution declared by the regulations to be a higher education institution for the purposes of this Act.

Subsection 3(1) (definition of institution of tertiary education )

Omit the definition.

Paragraph 3(4)(fa)

Omit "or"

After paragraph 3(4)(fa)

Insert the following paragraph:

  (fb)   an executive education office; or

Paragraph 3(4)(q)

Omit "an institution of tertiary education", substitute "a higher education institution (other than an executive education office)".

After subsection 6(2)

Insert the following subsection:

  (2A)   The Tribunal shall, from time to time as provided by this Part, inquire into, and report to the Minister on, the rates of salaries, in relation to Vice - Chancellors, Principals, Chief Executive Officers and Deputy Chief Executive Officers, of higher education institutions (other than Commonwealth higher education institutions), that should be used as a basis for making grants in relation to recurrent expenditure in connection with those institutions, and the dates as from which those rates of salaries should be so used.

Subsection 6(3)

Omit "or (2)", substitute ", (2) or (2A)".

Paragraph 7(9)(ac)

Omit "and".

After paragraph 7(9)(ac)

Insert the following paragraph:

  (ad)   in the case of remuneration or allowances payable to a person who holds an executive education office in a Commonwealth higher education institution, where the institution has funds under its control that are lawfully available to pay the remuneration or allowances--be paid in accordance with the determination out of those funds; and

Paragraph 8(1)(a)

Omit "and (2)", substitute ", (2) and (2A)".

Part   III

Repeal the Part.

Seat of Government (Administration) Act 1910

Section   5

Repeal the section, substitute the following section:

5   Application of Industrial Relations Act

  (1)   The Industrial Relations Act 1988 applies in relation to industrial disputes in the Territory as if paragraph   (a) of the definition of industrial dispute in subsection 4(1) were omitted and the following paragraph substituted:

  "(a)   an industrial dispute (including a threatened, impending or probable industrial dispute) that is about matters pertaining to the relationship between employers and employees; or".

  (2)   For the purposes of the application of the Industrial Relations Act 1988 under subsection   (1), an industrial dispute in relation to the employment of persons employed for the performance of work wholly or mainly in the Territory shall be taken to be an industrial dispute in the Territory.

  (3)   The powers of the Australian Industrial Relations Commission (other than powers in relation to industrial issues referred to in paragraph 5(3)(d) of the Industrial Relations Act 1988 ) do not extend to employment in relation to which a tribunal established by an Ordinance in force under this Act, whether made before or after the commencement of this section, has power to hear and determine disputes, claims or matters relating to the terms and conditions of the employment.

  (4)   An Ordinance under this Act may make provision for a member of the Australian Industrial Relations Commission to constitute, or be a member of, a tribunal of the kind referred to in subsection   (3), and nothing in this section or the Industrial Relations Act 1988 prevents a member of the Commission from accepting appointment or performing duties as, or as a member of, such a tribunal.

  (5)   Nothing in this section affects the operation of the Industrial Relations Act 1988 in relation to industrial issues referred to in paragraph 5(3)(d)of that Act.

Sex Discrimination Act 1984

Subsection 4(1) (definition of registered organization )

Omit "organization registered pursuant to the Conciliation and Arbitration Act 1904 ", substitute "organisation within the meaning of the Industrial Relations Act 1988 ".

Section   109

Omit "subsection 41A(1) of the Conciliation and Arbitration Act 1904 ", substitute "section   121 of the Industrial Relations Act 1988 ".

States Grants (Tertiary Education Assistance) Act 1984

Subsection 3(1) (paragraph   (b) of the definition of prescribed staff )

Add at the end of the paragraph ", or those officers of the university or college whose rates of salaries are the subject of an inquiry and report under subsection 6 (2A) of the Remuneration Tribunal Act 1973 ".

Sub - subparagraph 5(3)(d)(i)(A)

Insert ', or the Remuneration Tribunal,' after 'Academic Salaries Tribunal'.

Sub - subparagraph 5(3)(d)(i)(B)

Insert ", or the Australian Industrial Relations Commission established under the Industrial Relations Act 1988 ," after "Conciliation and Arbitration Commission".

Stevedoring Industry Finance Committee Act 1977

Subsection 8(4)

Insert "or of the Australian Industrial Relations Commission" after "Commission".

Section   13

Omit "section   85A of the Conciliation and Arbitration Act 1904 ", substitute "section   168 of the Industrial Relations Act 1988 ".

Supply and Development Act 1939

Subsection 10(6)

Omit " Conciliation and Arbitration Act 1904 ", substitute " Industrial Relations Act 1988 ".

Telecommunications Act 1975

Division   8 of Part   V

Repeal the Division.

Trade Practices Act 1974

Subsection 80AA(1)

Omit "Division   5A of Part   III of the Conciliation and Arbitration Act 1904 ", substitute "Division   7 of Part   VI of the Industrial Relations Act 1988 ".

Paragraph 80AA(1)(b)

Omit "Australian Conciliation and Arbitration Commission under Division   5A of Part   III of the Conciliation and Arbitration Act 1904 ", substitute "Australian Industrial Relations Commission under Division   7 of Part   VI of the Industrial Relations Act 1988 ".

Subsection 80AA(4)

Omit "Australian Conciliation and Arbitration Commission under section   88DC of the Conciliation and Arbitration Act 1904 ", substitute "Australian Industrial Relations Commission under section   158 of the Industrial Relations Act 1988 ".

Trade Union Training Authority Act 1975

Section   8DA

Omit "Australian Conciliation and Arbitration Commission", substitute "Australian Industrial Relations Commission".

United States Naval Communication Station (Civilian Employees) Act

1968 Paragraph 4(b)

Omit all the words from and including "organization" to and including " Western Australia ", substitute "organisation within the meaning of the Industrial Relations Act 1988 or any trade union or other body registered, or deemed to be registered, under the Industrial Relations Act 1979 of Western Australia ".

United States Naval Communication Station (Civilian Employees) Act

1971 Paragraph 10(b)

Omit all the words from and including "organization" to and including " Western Australia ", substitute "organisation within the meaning of the Industrial Relations Act 1988 or any trade union or other body registered, or deemed to be registered, under the Industrial Relations Act 1979 of Western Australia ".

Notes to the Industrial Relations (Consequential Provisions) Act 1988

Note 1

The Industrial Relations (Consequential Provisions) Act 1988 as shown in this compilation comprises Act No.   87, 1988 amended as indicated in the Tables below.

Table of Acts

(a)   The Industrial Relations (Consequential Provisions) Act 1988 was amended by section   3 only of the Industrial Relations Legislation Amendment Act (No.   2) 1991 , subsections 2(2) and (3) of which provide as follows:

  (2)   Subject to subsection   (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

  (3)   If a provision of this Act does not commence under subsection   (2) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

(b)   The Industrial Relations (Consequential Provisions) Act 1988 was amended by the Industrial Relations Legislation Amendment Act (No.   2) 1994 , subsection 2(2) and Schedule   1 (items   1 and 2) of which provides as follows:

  (2)   The provisions of Schedule   1 commence as set out in item   1 of that Schedule.

  Item   1(1) and (2) of Schedule   1 provides as follows:

  (1)   This Part of this Schedule commences on the day on which this Act receives the Royal Assent.

  (2)   The provisions of Part   2 of this Schedule commence on a day or days to be fixed by Proclamation.

Table of Amendments