Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:13_5
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 13 cl 5
Character Range: 443037–443889

5  Applications on foot under sections 496 and 497 of the WR Act
(1) Despite the repeal of sections 496 and 497 of the WR Act, if:
 (a) before the WR Act repeal day, an application was made to the Commission or the Court under either of those sections; and
 (b) the application had not been finally dealt with as at the WR Act repeal day;
the Commission or the Court, as the case requires, must consider the application on or after that day as if the WR Act had not been repealed.
(2) To avoid doubt, if the Commission or the Court does not make an order, or grant an injunction, under section 496 or 497 of the WR Act, as those sections continue to apply because of subitem (1), the decision not to make the order or grant the injunction does not affect whether or not the industrial action concerned is protected industrial action under the FW Act.