^1a On the date as at which this reprint was prepared, provisions referred to in the following table had not come into operation and were therefore not included in compiling the reprint. For the text of the provisions see the endnotes referred to in the table.

² See the Commonwealth Fisheries Management Act 1991 s. 4(1).

³ The Labour Relations Legislation Amendment Act 1997 s. 22 contains a transitional provision relating to claims made before that section came into operation. Sections 29, 32 and 34 contain transitional provisions in relation to awards, orders and industrial agreements in force when those sections came into operation. Section 29 was amended by the Labour Relations Reform Act 2002 s. 193(3).

⁴ The Labour Relations Reform Act 2002 s. 112, 113(6), 117(2) and (3), 138(2), 140(2), 141(2), 146(2), 152(2), 155(2) and (3), 186(2)-(4) and Sch. 1 read as follows:

}

112. Transitional provisions relating to section 111(4)

(1) A claim that ¾

(a) was referred to the Industrial Relations Commission under section 7G of the Industrial Relations Act 1979 before the commencement of section 111(4); and
(b) immediately before that commencement had not been finally determined,
may be dealt with by the Commission as if section 7G had not been repealed.

(2) A provision of the kind described in subsection (1)(b) of section 7G of the Industrial Relations Act 1979 that, immediately before the commencement of section 111(4), has effect in relation to a claim referred to in subsection (1)(a) of that section ceases to have effect after that commencement.

(3) If a person wishes to refer to the Commission a claim mentioned in subsection (2) he or she may do so under section 51 of the Workplace Agreements Act 1993.

113. Further amendments to the Industrial Relations Act 1979 as from the expiry of the Workplace Agreements Act 1993 and transitional provision

(6) A question or dispute that ¾

(a) was referred to the Industrial Relations Commission under section 7F of the Industrial Relations Act 1979 before the commencement of subsection (1); and
(b) immediately before that commencement had not been finally determined,
may be dealt with by the Commission as if section 7F had not been repealed.

117. Section 38 amended and a savings provision

(2) If an employer was added as a named party to an award under former section 38(3) before the commencement day, the scope of that award is not varied by reason only of the coming into operation of subsection (1).

(3) In this section ¾

}commencement day~ means the day on which subsection (1) comes into operation;
}former section 38(3)~ means section 38(3) of the Industrial Relations Act 1979 as it was in effect immediately before the commencement day.

138. Section 23A replaced by sections 23A and 23B and transitional provision

(2) Notwithstanding subsection (1), section 23A of the Industrial Relations Act 1979 as in force immediately before the coming into operation of this section continues to operate in respect of any claim made under that section before the coming into operation of this section.

140. Section 29AA inserted and a transitional provision

(2) Section 29AA of the Industrial Relations Act 1979 as inserted by this section does not apply to or in respect of a claim made before the coming into operation of this section.

141. Section 44 amended and a transitional provision

(2) Section 44(6)(bb) of the Industrial Relations Act 1979 as inserted by this section does not apply to or in respect of a claim made before the coming into operation of this section.

146. Part II Divisions 2F and 2G inserted and a transitional provision

(2) A provision of an award, order or industrial agreement made or registered before the coming into operation of subsection (1) does not cease to have effect by reason of the operation of section 49N(3), as inserted by subsection (1), until 28 days after the coming into operation of subsection (1).

152. Section 70 amended and a transitional provision

(2) Despite subsection (1), section 70 of the Industrial Relations Act 1979 as in force immediately before the coming into operation of this section continues to operate in respect of any proceedings commenced before the coming into operation of this section.

155. Section 83 repealed and sections 83, 83A, 83B and 83C inserted instead and transitional provisions

(2) Any proceedings begun before an industrial magistrate's court under section 83 of the Industrial Relations Act 1979, and not abandoned or finally determined, before the commencement of this section are to be dealt with after the coming into operation of this section as if section 83 had not been amended by this Act.

(3) Subject to subsection (2), sections 83, 83A and 83B of the Industrial Relations Act 1979 as amended by this Act apply to and in relation to an award, industrial agreement or order made before the coming into operation of this section as if the award, industrial agreement or order were made after the coming into operation of this Act.

186. Section 20 amended and transitional and savings provisions

(2) Until remuneration becomes payable to a member of the Commission pursuant to the first determination, the member is to receive remuneration at the rate that would be applicable to that member if the former provisions were still in operation.

(3) Despite any determination under section 6 of the Salaries and Allowances Act 1975, while a person who was a member of the Commission at the time of the publication of the first determination in the Government Gazette remains a member he or she is to receive remuneration at a rate that is not less than the rate that was applicable to him or her immediately before that time.

(4) In this section ¾

}first determination~ means the first determination made under section 6 of the Salaries and Allowances Act 1975 that gives effect to the amendment made by subsection (1);
}former provisions~ means section 20(1) to (6) of the Industrial Relations Act 1979 as they were in effect immediately before the coming into operation of subsection (1);
}member of the Commission~ has the meaning given by the Industrial Relations Act 1979;
}remuneration~ has the meaning given by the Salaries and Allowances Act 1975.
Schedule 1 ¾ Transitional minimum weekly rates of pay

1. Interpretation

Unless the contrary intention appears, words and expressions used in this Schedule have the same respective meanings as they have in the Minimum Conditions of Employment Act 1993.

2. Minimum weekly rate of pay for employees 21 or more years of age

The minimum weekly rate of pay applicable at a particular time to employees who have reached 21 years of age but who are not apprentices or trainees is the rate for the minimum adult weekly award wage for employees who have reached 21 years of age and who are not apprentices or trainees, as provided for in the General Order made under section 51(2) of the Industrial Relations Act 1979 that is in effect at that time.

3. Minimum weekly rate of pay for employees less than 21 years of age

(1) The minimum weekly rate of pay applicable at a particular time to employees who are of the age mentioned in the first column in the Table to this subclause but who are not apprentices or trainees is the percentage, set out opposite that age in the second column in the Table of the rate referred to in clause 2 in effect at that time, rounded up to the nearest 10 cents.

Table

Age	Percentage of 21 year old rate
20 years	90%
19 years	80%
18 years	70%
17 years	60%
16 years	50%
under 16 years	40%

(2) Subclause (1) is for information only and if there is any inconsistency between subclause (1) and section 13 of the Minimum Conditions of Employment Act 1993, the section prevails.

4. Minimum weekly rate of pay for apprentices and trainees

(1) The minimum weekly rate of pay for an apprentice or trainee in relation to whom a workplace agreement or an employer-employee agreement is not in force is the rate of pay that is provided for under an award that applies to that apprentice or trainee.

(2) The minimum weekly rate of pay for an apprentice or trainee in relation to whom a workplace agreement or an employer-employee agreement is in force is the rate of pay that is provided for under an award that would, if the workplace agreement or employer-employee agreement were not in force, apply to that apprentice or trainee.

⁵ The Superannuation and Family Benefits Act 1938 was repealed by the State Superannuation Act 2000 s. 39 but its provisions continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26 and those provisions may be amended by regulations under subsection (3) of that section.

⁶ On the date as at which this reprint was prepared, the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 75 had not come into operation. It reads as follows:

}

75. Various provisions repealed

The provisions listed in the Table to this section are repealed.

Table of provisions repealed

Act	Provision
......................	........
Industrial Relations Act 1979	s. 20(8), (8a), (8b), (8c), (8d)
......................	........

⁷ Now known as the Industrial Relations Act 1979; short title changed (see note under s. 1).

⁸ The Industrial Relations Amendment Act 1990 s. 14 was repealed before it came into operation by the Industrial Legislation Amendment Act 1995 s. 35.

⁹ The Acts Amendment (Industrial Magistrate's Courts) Act 1991 s. 6 contains transitional provisions relating to persons who were Industrial Magistrates when that section commenced and to proceedings begun and decisions made before that commencement.

¹⁰ The Acts Amendment (Parliamentary, Electorate and Gubernatorial Staff) Act 1992 s. 9(2) is a transitional provision that is spent.

¹¹ The Industrial Relations Amendment Act 1993 s. 15(2) is a transitional provision that is spent. Section 18 of that Act contains savings provisions relating to the Long Service Leave General Order.

¹² The Hospitals Amendment Act 1994, the Table to s. 18 it. 11 fourth paragraph was repealed by the Industrial Legislation Amendment and Repeal Act 1995 s. 36(4).

¹³ The Industrial Legislation Amendment Act 1995 contains transitional and other provisions ¾

(a) in Part 2 Div 3, relating to the Government School Teachers Tribunal;
(b) in s. 34, relating to the Promotions Appeal Board; and
(c) in s. 42, relating to dismissals occurring before the commencement of that section.

¹⁴ The Industrial Relations Legislation Amendment and Repeal Act 1995 s. 12 and 13 contain transitional provisions in relation to awards, orders and industrial agreements in force when those sections came into operation.

¹⁵ The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

¹⁶ On the date as at which this reprint was prepared, the Vocational Education and Training Act 1996 s. 62, which gives effect to Sch. 2, had not come into operation. Section 62 reads as follows:

}

62. Consequential amendments and transitional provisions relating to this Part

Schedule 2 has effect ¾

(a) to amend the Industrial Relations Act 1979 as a consequence of the repeal of the Industrial Training Act 1975; and
(b) in relation to the transition from the operation of the Industrial Training Act 1975 to the operation of this Part.

Schedule 2 reads as follows:

}

Schedule 2

1. Industrial Relations Act 1979 amended

The Industrial Relations Act 1979 is amended in section 7 ¾

(a) in the definition of }apprentice~ by deleting }an apprentice under the Industrial Training
Act 1975~ and substituting the following ¾

}

a person who has entered an apprenticeship within the meaning of that term in section 58 of the Vocational Education and Training Act 1996

(b) in paragraph (a) of the definition of }employee~ by deleting }industrial~;
(c) by deleting the definition of }industrial trainee~;
(d) in paragraph (f) of the definition of }industrial matter~ ¾
(i) by deleting }industrial~;
(ii) by deleting }Industrial Training Act 1975~ and substituting the following ¾
}
relevant training scheme under the Vocational Education and Training Act 1996

and
(iii) by deleting }any agreement of apprenticeship or industrial training agreement~ and substituting the following ¾
}
an apprenticeship contract or other agreement forming part of a training scheme under that Act

and
(e) by inserting after the definition of }teacher~ the following definition ¾

}

}trainee~ means a trainee under a training scheme established under the Vocational Education and Training Act 1996;

2. Transitional

(1) In this clause ¾

}repealed Act~ means the Industrial Training Act 1975 repealed by section 61.

(2) On the commencement of section 61 any apprenticeship agreement or industrial training agreement entered into and registered under the repealed Act and in force immediately before that commencement is to be taken to be an agreement entered into under a training scheme established or recognised under section 58 but with the same terms, conditions and provisions as were applicable before that commencement.

(3) Any regulations made under the repealed Act and in operation immediately before the commencement of section 61 which were applicable to, or in respect of, an apprenticeship or industrial training agreement referred to in subclause (2) are to continue to apply to such an agreement, until regulations are made under this Act in respect of the matters covered by those regulations.

(4) Regulations may be made, with effect from a time which is not earlier than the commencement of section 61, amending or supplementing the transitional provisions set out in subclauses (2) and (3) for the purpose of providing an effective and efficient transition from the provisions of the repealed Act to the provisions of this Act.

¹⁷ On the date as at which this compilation was prepared, the Children and Community Services Act 2004 s. 251, which gives effect to Sch. 2, had not come into operation. It reads as follows:

}

251. Other Acts amended

Other Acts are amended as set out in Schedule 2.

Schedule 2 cl. 15 reads as follows:

}


Schedule 2 ¾ Amendments to other Acts

15. Industrial Relations Act 1979 amended

(1) The amendments in this clause are to the Industrial Relations Act 1979.

(2) Section 81AA(bc) is deleted and the following paragraph is inserted instead ¾

}
(bc) section 196(2) of the Children and Community Services Act 2004;

(3) Section 81CA(1) is amended in the definition of }prosecution jurisdiction~ by deleting paragraph (d) and }or~ after it and inserting instead ¾
}
(d) section 196(2) of the Children and Community Services Act 2004; or

¹⁸ On the date as at which this compilation was prepared, the Petroleum Legislation Amendment and Repeal Act 2005 s. 49 had not come into operation. It reads as follows:

}

49. Industrial Relations Act 1979 amended

(1) The amendments in this section are to the Industrial Relations Act 1979.

(2) Section 7(3) is amended as follows:

(a) after paragraph (a) by deleting }or~
(b) after paragraph (b) by deleting }1994,~and inserting instead ¾

}
1994; or
(c) clause 69(1) of Schedule 1 to the Petroleum Act 1967, clause 69(1) of Schedule 1 to the Petroleum Pipelines Act 1969, or clause 70(1) of Schedule 5 to the Petroleum (Submerged Lands) Act 1982,

(3) Section 8(2a)(b) is amended by deleting }and the Mines Safety and Inspection Act 1994,~ and inserting instead ¾
}
, the Mines Safety and Inspection Act 1994, the Petroleum Act 1967, the Petroleum Pipelines Act 1969 or the Petroleum (Submerged Lands) Act 1982,

(4) Section 113(1)(d)(ii) is amended as follows:
(a) after item (I) by deleting }and~
(b) after item (II) by inserting the following items ¾
}
(III) the Petroleum Act 1967;
(IV) the Petroleum Pipelines Act 1969;
(V) the Petroleum (Submerged Lands) Act 1982;

- Industrial Relations Act 1979 - NOTES.pdf