Document ID: chunk:federal_register_of_legislation:C2004C00497:clause:2_5:p1
Version: federal_register_of_legislation:C2004C00497
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 1/3)
Character Range: 105594–108618

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