(1) Where any employer and any employee are parties to any workplace agreement, a matter that is part of the relationship between that employer and that employee ¾

(a) is not ¾

(i) an industrial matter; or

(ii) capable of being agreed to be an industrial matter,

for the purpose of the definition of }industrial matter~ in section 7(1);

(b) is not capable of being determined under section 24(1) to be an industrial matter; and

(c) cannot be referred to the Commission under section 80ZE.

(2) Subsections (3) and (4) of section 34 do not apply to a determination that is made contrary to subsection (1)(b) or to any proceeding based on that determination, and in the determination of any application for a prerogative writ or declaratory judgment no regard shall be had to the existence of any right of appeal under this Act.

(3) Subsection (1) also applies where ¾

(a) a workplace agreement has expired; and

(b) an arrangement is in force between the parties to that agreement of the kind referred to in section 19(4)(b) of the Workplace Agreements Act 1993,

except to the extent that the employer and any employee agree that any matter is to be treated as an industrial matter between them.

[Section 7C inserted by No. 15 of 1993 s. 5; amended by No. 1 of 1995 s. 5.]