Industrial Relations (Transitional) Regulation 2017

1Short title

This regulation may be cited as the Industrial Relations (Transitional) Regulation 2017.

2Commencement

This regulation commences on 1 March 2017.

3Declaration that regulation is a transitional regulation—Act, s 1085

This regulation is a transitional regulation.

Note—

Under section 1085(4) of the Act, this regulation expires 1 year after the day of the commencement of section 1085 of the Act.

4Main purpose

The main purpose of this regulation is to provide for the continued operation of the Industrial Relations Regulation 2011, with particular changes necessary to enable its operation under the Act, for a transitional period after the repeal of the Industrial Relations Act 1999.

5Continued operation of regulation with particular changes

(1)The Industrial Relations Regulation 2011, as in force immediately before the repeal of the Industrial Relations Act 1999, continues in effect under the Industrial Relations Act 2016 as provided by this section.

(2)The regulation—

(a)is amended as stated in division 2; and

(b)is to be read with any other changes necessary to make it consistent with, and adapt its operation to, the Act.

58Provision for the Act, s 122

The reference in section 122(2) of the Act to subsection (1)(a) is taken to be a reference to subsection (1)(b).

59Provision for the Act, s 528

The reference in section 528(1) of the Act to personal service is taken to include a reference to service in another way prescribed by the rules.

60Provision for the Act, s 1076

The reference in section 1076 of the Act to section 845 is taken to be a reference to section 839.

61Continuation of old ss 847, 848 and 850

(1)This section applies in relation to a modern award to which new section 994 applies.

(2)Old sections 847, 848 and 850 continue to apply to a certified agreement—

(a)that is a relevant certified agreement within the meaning of old section 839; and

(b)that is mentioned in new section 998(1); and

(c)for which the modern award is a prescribed modern award within the meaning of old section 847.

(3)For subsection (2), old section 847(3) and (4) are taken to be replaced by the following subsections—

(3)On the variation day—

(a)the requirements under new section 169 for a proposed bargaining instrument are taken to have been satisfied; and

(b)the parties to the relevant certified agreement are taken to have started negotiating under new chapter 4.

(4)For subsection (3)(a), the proposed parties to the proposed bargaining instrument are—

(a)each party to the relevant certified agreement; and

(b)an employee organisation that could have been bound by the relevant certified agreement under old section 166(2).

(4)Also—

(a)the reference in old section 848 to section 168 is taken to be a reference to new section 223; and

(b)in old section 850(1)(b), the words ‘an agreement is proposed under chapter 6’ are taken to be replaced with the words ‘negotiations have started under new chapter 4 for a proposed bargaining instrument’; and

(c)in old section 850(2)(a), the words ‘or make the proposed bargaining award’ are taken to appear after the words ‘proposed agreement’; and

(d)the reference in old section 850(2)(b) to section 150 is taken to be a reference to new section 180.

(5)In this section—

new, in relation to a provision, means a provision of the Act.

old, in relation to a provision, means a provision of the repealed Act.