Document ID: chunk:federal_register_of_legislation:C2004C00497:section:39
Version: federal_register_of_legislation:C2004C00497
Segment Type: section
Provision Reference: s 39
Character Range: 36054–38527

39  Ballots relating to industrial action

 (1) An application made under subsection 45(3A) of the previous Act that had not been finally dealt with before the commencement shall, after the commencement, be dealt with by the new Commission as if it had been made under subsection 136(1) of the Industrial Relations Act.

 (2) A secret ballot ordered under section 45 of the previous Act that had started, but had not been finished, before the commencement shall, after the commencement, be finished under that section as if that Act had not been repealed and a reference to the former Industrial Registrar were a reference to the Industrial Registrar.

 (3) The Industrial Relations Act has effect as if:
 (a) references in that Act to applications made under subsection 136(1) of that Act included references to applications made under subsection 45(3A) of the previous Act;
 (b) the reference in subsection 136(4) of the Industrial Relations Act to an application referred to the President under paragraph 136(3)(e) of that Act included a reference to an application referred under subsection 45(3E) or (3F) of the previous Act;
 (c) the reference in paragraph 136(8)(a) of the Industrial Relations Act to an order for a secret ballot under subsection 136(2) or 135(1) or (2) of that Act included a reference to an order for a secret ballot under section 45 of the previous Act;
 (d) references in sections 135, 136, 138 and 139 of the Industrial Relations Act to an order under section 135 or 136 of that Act included references to an order under section 45 of the previous Act, unless the holding of the secret ballot had started before the commencement;
 (e) references in section 138 of the Industrial Relations Act to an order under subsection 136(2) of that Act included references to an order under subsection 45(3D) of the previous Act;
 (f) the reference in subsection 138(5) of the Industrial Relations Act to the result of a ballot being communicated to the new Commission included a reference to the new Commission becoming aware of the result of a ballot held before the commencement, unless the former Industrial Registrar had, before the commencement, informed persons of the result of the ballot as mentioned in subsection 45A(4) of the previous Act; and
 (g) the reference in subsection 140(1) of the Industrial Relations Act to a notice under subsection 138(5) of that Act included a reference to a notice under subsection 45A(4) of the previous Act.