72   Industrial arbitration or legal proceedings excluded

(1988 Act, s 42J)

(1)  In this section, a reference to the employment of an executive officer is a reference to:

(a)  the appointment of, or failure to appoint, a person to a vacant executive position, or

(b)  the removal, retirement, termination of employment or other cessation of office of an executive officer, or

(c)  any disciplinary proceedings or disciplinary action taken against an executive officer, or

(d)  the remuneration or conditions of employment of an executive officer.

(2)  The employment of an executive officer, 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.

(3)  Subsection (2) applies whether or not any person has been appointed to a vacant executive position.

(4)  Part 6 (Unfair dismissals), Part 7 (Public sector promotions 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 an executive officer.

(5)  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 executive officers.

(6)  Subsection (5) does not prevent the regulations or other statutory instruments under this Act (or any other Act under which the executive officer concerned is appointed) from applying the provisions of an award or industrial agreement to the employment of an executive officer.

(7)  (Repealed)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 appointment of or failure to appoint a person to an executive position, the entitlement or non-entitlement of a person to be so appointed or the validity or invalidity of any such appointment.

(9)  In this section, industrial agreement includes any determination under section 130.