Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:4_20a
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 4 cl 20A
Character Range: 1235425–1236746

20A  Continuation of section 170MX proceedings under new provisions for workplace determinations

(1) This item applies if:
 (a) a bargaining period was terminated on the ground set out in subsection 170MW(3) or (7) of the Workplace Relations Act 1996 before the reform commencement; and
 (b) the Commission had not started to exercise arbitration powers in accordance with subsection 170MX(3) of the Workplace Relations Act 1996 before the reform commencement in relation to the bargaining period; and
 (c) had this Act not amended the Workplace Relations Act 1996, the Commission would have been able to make an award under subsection 170MX(3) of the Workplace Relations Act 1996 after the reform commencement in relation to the bargaining period.

(2) Division 8 of Part VC of the amended Act applies in relation to the bargaining period (in accordance with item 19 of this Schedule) as if:
 (a) the termination of the bargaining period were the termination of a bargaining period on the ground set out in subsection 107G(3) of the amended Act; and
 (b) that termination happened on the reform commencement.

(3) A reference in this item to subsection 170MX(3) of the Workplace Relations Act 1996 does not include a reference to that subsection as it had effect because of repealed Division 2 of Part XV of that Act.