35   Industrial arbitration or legal proceedings excluded

(1988 Act, s 38E)

(1)  In this section, a reference to the employment of a special temporary employee is a reference to:

(a)  the employment of, or failure to employ, a person as a special temporary employee, or

(b)  dispensing with the services of, or other termination of the employment of, a special temporary employee, or

(c)  any disciplinary proceedings or disciplinary action taken against a special temporary employee, or

(d)  the remuneration or conditions of employment of a special temporary employee.

(2)  The employment of a special temporary employee, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the Industrial Relations Act 1996. This subsection applies whether or not any person has been appointed to a vacant position of special temporary employee.

(3)  Part 6 (Unfair dismissals), Part 7 (Public sector promotion and disciplinary appeals) and Part 9 (Unfair contracts) of Chapter 2 of the Industrial Relations Act 1996 do not apply to or in respect of the employment of a special temporary employee.

(4)  Any State industrial instrument (whether made before or after the commencement of this section) does not have effect in so far as it relates to the employment of special temporary employees.

(5)  Subsection (4) does not prevent the regulations or other statutory instruments under this Act from applying the provisions of a State industrial instrument to the employment of a special temporary employee.

(6)  This section does not affect the operation of any determination under section 130 or agreement under section 131, in its application to special temporary employees.

(7)  (Repealed)

(8)  No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of the employment of or failure to employ a person as a special temporary employee, the entitlement or non-entitlement of a person to be so employed or the validity or invalidity of any such employment.