Document ID: chunk:federal_register_of_legislation:C2014C00581:section:36:p1
Version: federal_register_of_legislation:C2014C00581
Segment Type: section
Provision Reference: s 36 (pt 1/3)
Character Range: 60121–62868

36  Arbitration proceedings
 (1) In this section, unless the contrary intention appears:
Arbitrator means the person holding, or performing the duties of, the office of Public Service Arbitrator under the Public Service Arbitration Act 1920‑1973.
claim means a claim made under the Public Service Arbitration Act 1920‑1973, or an application made under that Act to vary a determination of the Arbitrator, being a claim or application:
 (a) that was submitted to the Arbitrator before the commencing day;
 (b) that relates, either in whole or in part, to the Postmaster‑General's Department; and
 (c) that is declared by the regulations to be a claim or application, as the case may be, to which this section applies.
Deputy Arbitrator means a person holding an office of Deputy Public Service Arbitrator under the Public Service Arbitration Act 1920‑1973.
relevant Commission, in relation to a claim, means a Commission declared under subsection (2) to be a relevant Commission in relation to that claim.
 (2) For the purposes of this section, the regulations may declare that the Australian Postal Commission or the Australian Telecommunications Commission, or that each of those Commissions, is a relevant Commission in relation to a claim.
 (3) Notwithstanding that a claim relates, either in whole or in part, to the Postmaster‑General's Department:
 (a) where the hearing of the claim was completed, but a determination was not made in respect of the claim, before the commencing day, a determination may be made in respect of the claim;
 (b) where the hearing of the claim was commenced, but was not completed, before the commencing day, the hearing may be completed, and a determination may be made in respect of the claim;
 (c) where a determination was made in respect of the claim, and an appeal against that determination was instituted but not determined, before the commencing day, a determination may be made, or the appeal may be heard and a determination may be made, as the case requires, in respect of the appeal; or
 (d) where:
 (i) a determination in respect of the claim was made before the commencing day but the time for instituting an appeal against that determination had not expired before that day; or
 (ii) a determination in respect of the claim is made on or after the commencing day,
  an appeal may be instituted against that determination and the appeal may then be heard and a determination made in respect of the appeal,
under the Public Service Arbitration Act 1920‑1973 on or after the commencing day, and that determination may purport to relate to the Postmaster‑General's Department.
 (4) Where the hearing of the whole or a part of a claim referred to in paragraph (3)(b) was deferred before the commencing