Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_8
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 8
Character Range: 20917–23152

8  Meaning of industrial dispute

 (1) In this Schedule, industrial dispute means:
 (a) an industrial dispute (including a threatened, impending or probable industrial dispute):
 (i) extending beyond the limits of any one State; and
 (ii) that is about matters pertaining to the relationship between employers and employees; or
 (b) a situation that is likely to give rise to an industrial dispute of the kind referred to in paragraph (a);
and includes:
 (c) a demarcation dispute (whether or not, in the case of a demarcation dispute involving an organisation or the members of an organisation in that capacity, the dispute extends beyond the limits of any one State); and
 (d) a part of an industrial dispute; and
 (e) an industrial dispute so far as it relates to a matter in dispute; and
 (f) a question arising in relation to an industrial dispute.

Additional operation of Schedule—extension to industrial issues

 (2) Without affecting its operation apart from this section, this Schedule also has effect as if a reference to an industrial dispute included a reference to an industrial issue.

 (3) In this section, industrial issue has the meaning that it is given by section 5 of the Workplace Relations Act for the purposes of that section.

Additional operation of Schedule—extension to Victorian disputes

 (4) Subsection (5) has effect only for so long, and in so far, as the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria refers to the Parliament of the Commonwealth a matter or matters that result in the Parliament of the Commonwealth having sufficient legislative power for that subsection to have effect.

 (5) Without affecting its operation apart from this section, this Schedule also has effect as if the definition of industrial dispute in subsection (1) were replaced by the following:

industrial dispute means:
 (a) an industrial dispute (including a threatened, impending or probable industrial dispute):
 (i) within the limits of Victoria; and
 (ii) that is about matters pertaining to the relationship between employers and employees; or
 (b) a situation that is likely to give rise to an industrial dispute of the kind referred to in paragraph (a);
and includes a demarcation dispute.