Document ID: chunk:federal_register_of_legislation:C2004C00497:section:7
Version: federal_register_of_legislation:C2004C00497
Segment Type: section
Provision Reference: s 7
Character Range: 9653–11839

7  Awards in force under previous Act

 (1) An award or order in force under the previous Act immediately before the commencement continues in force after the commencement, subject to the Industrial Relations Act, as if it were an award made under the Industrial Relations Act.

 (2) A decision in force under the previous Act immediately before the commencement continues in force after the commencement, subject to the Industrial Relations Act, as if it were a decision made under the Industrial Relations Act.

 (3) An award of the Flight Crew Officers Industrial Tribunal continued in force by subsection (1) remains binding, subject to the Industrial Relations Act, on the persons who would have been bound by the award if the previous Act had not been repealed.

 (4) An award made by the former Commission under:
 (a) Division 4 of Part IV of the Australian National Railways Commission Act 1983;
 (b) Division 7 of Part III of the Commonwealth Teaching Service Act 1972;
 (c) Division 8 of Part V of the Postal Services Act 1975; or
 (d) Division 8 of Part V of the Telecommunications Act 1975;
that was in force immediately before the commencement continues in force after the commencement, subject to the Industrial Relations Act, as if it were an award made under the Industrial Relations Act.

 (5) Where, immediately before the commencement, there was in force:
 (a) an agreement under section 31 of the Australian Federal Police Act 1979; or
 (b) a determination by the Federal Police Arbitral Tribunal under Division 2 of Part V of that Act;
the agreement or determination continues in force after the commencement, subject to the Industrial Relations Act, as if it were an award made under the Industrial Relations Act.

 (6) Where a determination within the meaning of section 43 of the Conciliation and Arbitration Amendment Act (No. 2) 1983 was, immediately before the commencement, in effect in accordance with subsection (2) of that section, the determination shall, for the purposes of subsection (1) of this section, be taken to be an award in force under the previous Act immediately before the commencement.

Division 2—Proceedings pending in Federal Court