Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_324
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 324
Character Range: 104284–106515

324  Fair Work Commission proceedings etc.
(1) If:
 (a) before the transition time, the Australian Building and Construction Commissioner intervened in a proceeding before the Fair Work Commission; and
 (b) the intervention was under subsection 110(1) of the Building and Construction Industry (Improving Productivity) Act 2016; and
 (c) the proceeding is pending immediately before the transition time;
then:
 (d) the Fair Work Ombudsman is, after the transition time, substituted for the Australian Building and Construction Commissioner as a party to the proceeding; and
 (e) the Fair Work Ombudsman may discontinue the Fair Work Ombudsman's involvement as a party to the proceeding.
(2) If:
 (a) before the transition time, the Australian Building and Construction Commissioner made a submission in a matter before the Fair Work Commission; and
 (b) the submission was under subsection 110(1) of the Building and Construction Industry (Improving Productivity) Act 2016; and
 (c) the matter is pending immediately before the transition time;
then:
 (d) the amendments made by this Part do not prevent the Fair Work Commission from considering the submission; and
 (e) the making of the submission does not result in:
 (i) the former Australian Building and Construction Commissioner; or
 (ii) a person acting on behalf of the former Australian Building and Construction Commissioner;
  being entitled to participate in the matter after the transition time; and
 (f) the submission has effect as if it had been made by the Fair Work Ombudsman; and
 (g) the Fair Work Ombudsman may amend or withdraw the submission.
(3) If:
 (a) an inspector made an application to the Fair Work Commission before the transition time in accordance with subsection 111(1) of the Building and Construction Industry (Improving Productivity) Act 2016; and
 (b) the application is pending immediately before the transition time;
then:
 (c) the application is continued after the transition time; and
 (d) the Fair Work Ombudsman is, after the transition time, substituted for the inspector as the applicant; and
 (e) paragraph (c) does not prevent the Fair Work Ombudsman from discontinuing the application under section 588 of the Fair Work Act 2009.