Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:3a_55
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 3A cl 55
Character Range: 186746–187911

55  Commencement or completion of award appeals
(1) Section 26 of the FW Act does not apply to a law of a Division 2B referring State so far as the law relates to the commencement or completion of an award appeal in relation to which the following conditions are satisfied:
 (a) the decision appealed against was made before the Division 2B referral commencement in an award proceeding;
 (b) the decision was:
 (i) to vary, or not to vary, an award; or
 (ii) to terminate, or not to terminate, an award.
Note: The following (to the extent they relate to Division 2B State reference employees and Division 2B State reference employers) are not able to be commenced or completed on or after the Division 2B referral commencement:
(a) award proceedings;
(b) award appeals, if the appeal is against a decision to make, or not make, an award.
(2) Subitem (1):
 (a) does not apply to the commencement of an award appeal more than 21 days after the day on which the decision appealed against was made; and
 (b) ceases to apply to an award appeal if the appeal has not been completed by the end of the period of 6 months starting on the Division 2B referral commencement.