Document ID: chunk:federal_register_of_legislation:C2004C00497:clause:2_53:p1
Version: federal_register_of_legislation:C2004C00497
Segment Type: clause
Provision Reference: sch 2 cl 53 (pt 1/3)
Character Range: 99047–101750

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