Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_400
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 400
Character Range: 629524–631177

400  Review—complaints before the Board

Transitional complaints
(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.

Transitional certificates
(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.
(3) A transitional certificate must include the following statements:
 (a) a statement to the effect that the Board has not been able to finish dealing with the complaint;
 (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;
 (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;
 (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.