Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:2:p4
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 2 (pt 4/12)
Character Range: 242203–245044

After the transition time, the FWC must not deal with or continue to deal with a matter that is commenced by a non‑preserved FWC application (whether the application was made before or after the transition time), other than a matter mentioned in paragraph (4)(d).

6.07G  Transitional—court proceedings

Proceedings instituted after the transition time
 (1) After the transition time, a preserved affected person may institute proceedings in a court in relation to conduct occurring before that time:
 (a) if the person were a national system employer at the time of the conduct—as if the person were still a national system employer; or
 (b) if the person were a national system employee at the time of the conduct—as if the person were still a national system employee; or
 (c) if the person is an employer organisation, and the employer in respect of which the proceedings are instituted was a national system employer at the time of the conduct—as if that employer were still:
 (i) a national system employer; and
 (ii) a member, in the employer's capacity as a national system employer, of the organisation; or
 (d) if the person is an employee organisation, a registered employee association or an industrial association, and the employee in respect of which the proceedings are instituted was a national system employee at the time of the conduct—as if:
 (i) that employee were still a national system employee; and
 (ii) the industrial interests of that employee, in the employee's capacity as a national system employee, were still represented by the employee organisation, registered employee association or industrial association (as applicable).
Note: Conduct includes an omission: see the definition of conduct in section 12 of the Act.

Continuing matters
 (2) After the transition time, a court may deal with or continue to deal with a matter (whether the matter was instituted by proceedings before or after the transition time) if:
 (a) the matter is relevant to a preserved affected person:
 (i) in or in relation to the person's capacity (at the time of the conduct relevant to the matter) as a national system employer or national system employee; or
 (ii) in respect of another person's capacity (at the time of the conduct relevant to the matter) as a national system employer or national system employee; and
 (b) the court had jurisdiction, before the transition time, to deal with the matter.

Part 6‑5—Miscellaneous

Division 2—Miscellaneous

Subdivision 1—Employment matters

6.08  Public sector employer to act through employing authority—meaning of public sector employment

Employment or service that is public sector employment
 (1) For paragraph 795(4)(h) of the Act, each of the following laws is prescribed:
 (aa) the Australian Civilian Corps Act 2011;
 (a) the Australian Federal Police Act 1979;
 (b) the