FAIR WORK (STATE REFERRAL AND CONSEQUENTIAL AND OTHER AMENDMENTS) BILL 2009

i Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. ,

2009

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 6

Definition ............................................................................................ 6

Schedule 1--Referring States

Fair Work Act 2009

Schedule 2--Consequential and transitional provisions relating

to referral of matters

Part 1--Treatment of transitional awards and common rules as

transitional instruments etc.

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009

Part 2--State reference public sector modern awards

Div ision 1--State reference public sector transitional award

modernisation

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009

Div ision 2--Other amend ments related to State reference public

sector modern awards

Fair Work Act 2009

Schedule 3--Other ame ndments of the Fair Work Act 2009

Schedule 4--Agriculture, Fisheries and Forestry

Australian Meat and Live-stock Industry (Repeals and Consequential

Provisions) Act 1997

Dairy Industry Service Reform Act 2003

Horticulture Marketing and Research and Development Services

(Repeals and Consequential Provisions) Act 2000

Pig Industry Act 2001

Schedule 5--Attorney-General

Part 1--General consequential amendments

Age Discrimination Act 2004

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Australian Capital Territory (Self-Government) Act 1988

Australian Crime Commission Act 2002

Australian Federal Police Act 1979

Bankruptcy Act 1966

Crimes Act 1914

Criminal Code Act 1995

Disability Discrimination Act 1992

Human Rights and Equal Opportunity Commission Act 1986

Judges' Pensions Act 1968

Judiciary Act 1903

Jurisdiction of Courts (Cross-vesting) Act 1987

Jury Exemption Act 1965

Legislative Instruments Act 2003

Northern Territory (Self-Government) Act 1978

Seat of Government (Administration) Act 1910

Sex Discrimination Act 1984

Part 2--Amendments relating to discrimination in compliance

with industrial instruments and laws

Div ision 1--General

Age Discrimination Act 2004

Disability Discrimination Act 1992

Fair Work Act 2009

Human Rights and Equal Opportunity Commission Act 1986

Sex Discrimination Act 1984

Div ision 2--A mend ments relating to HREOC name change

Fair Work Act 2009

Part 3--Application provisions

Schedule 6--Broadband, Communications and the Digital

Economy

Telstra Corporation Act 1991

Schedule 7--Defence

Naval Defence Act 1910

iii Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Schedule 8--Education, Employment and Workplace Relations

Part 1--Consequential amendments

Air Passenger Ticket Levy (Collection) Act 2001

Building and Construction Industry Improvement Act 2005

Coal Mining Industry (Long Service Leave Funding) Act 1992

Defence Act 1903

Long Service Leave (Commonwealth Employees) Act 1976

Maternity Leave (Commonwealth Employees) Act 1973

Occupational Health and Safety Act 1991

Occupational Health and Safety (Maritime Industry) Act 1993

Remuneration Tribunal Act 1973

Safety, Rehabilitation and Compensation Act 1988

Seafarers Rehabilitation and Compensation Act 1992

Social Security Act 1991

Tradesmen's Rights Regulation Act 1946

United States Naval Communication Station (Civilian Employees) Act

1968

Part 2--Transitional provisions

Div ision 1--Provisions relating to the Bu ild ing and Construction

Industry Improvement Act 2005

Div ision 2--Provision relating to the Defence Act 1903

Div ision 3--Provisions relating to the Remuneration Tribunal Act

1973

Schedule 9--Families, Housing, Community Services and

Indigenous Affairs

Equal Opportunity for Women in the Workplace Act 1999

Social Security Act 1991

Schedule 10--Finance and Deregulation

Airports (Transitional) Act 1996

Commonwealth Authorities and Companies Act 1997

Commonwealth Electoral Act 1918

Superannuation Act 1976

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Superannuation Act 1990

Schedule 11--Health and Ageing

Commonwealth Serum Laboratories Act 1961

National Health Act 1953

Schedule 12--Immigration and Citizenship

Fair Work Act 2009

Migration Act 1958

Schedule 13--Infrastructure, Transport, Regional

Development and Local Gove rnme nt

103

Navigation Act 1912

103

Schedule 14--Innovation, Industry, Science and Research

104

Part 1--Consequential amendments

104

Independent Contractors Act 2006

104

Part 2--Transitional provision

106

Schedule 15--Parliame ntary Service

107

Part 1--Consequential amendments

107

Parliamentary Service Act 1999

107

Part 2--Saving provision

112

Schedule 16--Prime Minister and Cabinet

113

Part 1--Consequential amendments

113

Privacy Act 1988

113

Public Service Act 1999

114

Part 2--Saving provision

119

Schedule 17--Resources, Ene rgy and Tourism

120

Moomba-Sydney Pipeline System Sale Act 1994

120

Offshore Petroleum and Greenhouse Gas Storage Act 2006

120

Snowy Hydro Corporatisation Act 1997

121

Schedule 18--Treasury

122

Part 1--Consequential amendments

122

v Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. ,

2009

Commonwealth Volunteers Protection Act 2003

122

Corporations Act 2001

122

Financial Sector (Business Transfer and Group Restructure) Act 1999

122

Fringe Benefits Tax Assessment Act 1986

122

Income Tax Assessment Act 1997

123

Income Tax (Transitional Provisions) Act 1997

123

Insurance Act 1973

123

Life Insurance Act 1995

124

Superannuation Guarantee (Administration) Act 1992

124

Superannuation Industry (Supervision) Act 1993

126

Trade Practices Act 1974

126

Part 2--Application provision

128

Schedule 19--Veterans' Affairs

129

Military Rehabilitation and Compensation Act 2004

129

Schedule 20--Regulations

131

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

A Bill for an Act to amend the Fair Work Act 2009,

to make amendments consequential on the

enactment of that Act, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Fair Work (State Referral and

Consequential and Other Amendments) Act 2009.

2 Commence ment

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 4

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedule 1,

items 1 to 10

Immediately after the commencement of the

provision(s) covered by table item 3.

3. Schedule 1,

item 11

The day on which this Act receives the

Royal Assent.

4. Schedule 1,

item 12

Immediately after the commencement of the

provision(s) covered by table item 3.

5. Schedule 2,

Part 1

Immediately after the commencement of

Schedule 3 to the Fair Work (Transitional

Provisions and Consequential Amendments)

Act 2009.

6. Schedule 2,

item 33

Immediately after the commencement of

section 2 of the Fair Work (Transitional

Provisions and Consequential Amendments)

Act 2009.

7. Schedule 2,

items 34 to 51

Immediately after the commencement of

Schedule 3 to the Fair Work (Transitional

Provisions and Consequential Amendments)

Act 2009.

8. Schedule 2,

Part 2, Division 2

Immediately after the commencement of

Part 3 of Schedule 6 to the Fair Work

(Transitional Provisions and Consequential

Amendments) Act 2009.

9. Schedule 3

Immediately after the commencement of the

provision(s) covered by table item 3.

10. Schedule 4

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

11. Schedule 5,

items 1 to 30

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

12. Schedule 5,

item 31

The later of:

(a) immediately after the co mmencement of

Part 2-4 of the Fair Work Act 2009; and

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

(b) immed iately after the commencement of

item 41 of Schedule 2 to the Disability

Discrimination and Other Human Rights

Legislation Amendment Act 2009.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

13. Schedule 5,

items 32 to 64

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

14. Schedule 5,

items 65 and 66

The later of:

(a) immediately after the co mmencement of

Part 2-4 of the Fair Work Act 2009; and

(b) immed iately after the commencement of

item 101 o f Schedule 2 to the Disability

Discrimination and Other Human Rights

Legislation Amendment Act 2009.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

15. Schedule 5,

item 67

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

16. Schedule 5,

items 68 and 69

Immediately after the commencement of

Part 2-3 of the Fair Work Act 2009.

17. Schedule 5,

items 70 to 79

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

18. Schedule 5,

item 80

The later of:

(a) immediately after the co mmencement of

item 68 of Schedule 5; and

(b) the commencement of item 38 o f

Schedule 3 to the Disability

Discrimination and Other Human Rights

Legislation Amendment Act 2009.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

19. Schedule 5,

item 81

The later of:

(a) immediately after the co mmencement of

4 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

item 70 of Schedule 5; and

(b) the commencement of item 38 o f

Schedule 3 to the Disability

Discrimination and Other Human Rights

Legislation Amendment Act 2009.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

20. Schedule 5,

item 82

The later of:

(a) immediately after the co mmencement of

item 72of Schedule 5; and

(b) the commencement of item 38 o f

Schedule 3 to the Disability

Discrimination and Other Human Rights

Legislation Amendment Act 2009.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

21. Schedule 5,

Part 3

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

22. Schedule 6

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

23. Schedule 7

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

24. Schedule 8,

items 1 to 130

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

25. Schedule 8,

items 131 and 132

The later of:

(a) immediately after the co mmencement of

Part 2-4 of the Fair Work Act 2009; and

(b) immed iately after the commencement of

item 33 of Schedule 2 to the Social

Security Legislation Amendment

(Employment Services Reform) Act 2009.

26. Schedule 8,

items 133 to 135

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

27. Schedule 8

item 136

The later of:

(a) immediately after the co mmencement of

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

Part 2-4 of the Fair Work Act 2009; and

(b) immed iately after the commencement of

item 147 o f Schedule 2 to the Social

Security Legislation Amendment

(Employment Services Reform) Act 2009.

28. Schedule 8,

items 137 and 138

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

29. Schedule 8,

item 139

The later of:

(a) immediately after the co mmencement of

Part 2-4 of the Fair Work Act 2009; and

(b) immed iately after the commencement of

item 195 o f Schedule 2 to the Social

Security Legislation Amendment

(Employment Services Reform) Act 2009.

30. Schedule 8,

items 140 to 161

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

31. Schedule 9

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

32. Schedule 10

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

33. Schedule 11

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

34. Schedule 12,

items 1 to 3

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

35. Schedule 12,

item 4

The later of:

(a) immediately after the co mmencement of

Part 2-4 of the Fair Work Act 2009; and

(b) immed iately after the commencement of

Schedule 1 to the Migration Legislation

Amendment (Worker Protection) Act

2008.

36. Schedule 13

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

37. Schedule 14

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

38. Schedule 15

Immediately after the commencement of

6 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

Part 2-4 of the Fair Work Act 2009.

39. Schedule 16

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

40. Schedule 17

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

41. Schedule 18

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

42. Schedule 19

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

43. Schedule 20

The day on which this Act receives the

Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

4 Definition

In this Act:

WR Act repeal day has the meaning given by Schedule 2 to the

Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009.

Referring States Schedule 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Schedule 1

Referring States

Fair Work Act 2009

1 Section 12 (at the end of note 2 at the end of the definition

of employee)

Add "and subsection 30E(1)".

2 Section 12 (at the end of note 2 at the end of the definition

of employer)

Add "and subsection 30E(2)".

3 Section 12 (at the end of the definition of national system

employee)

Add:

Note:

Section 30C extends the meaning of national system employee in

relation to a referring State.

4 Section 12 (at the end of the definition of national system

employer)

Add:

Note:

Section 30D extends the meaning of national system employer in

relation to a referring State.

5 Section 12 (note at the end of the definition of outworker

entity)

Repeal the note, substitute:

Note:

Section 30F extends the meaning of outworker entity in relation to a

referring State.

6 At the end of section 13

Add:

Note:

Section 30C extends the meaning of national system employee in

relation to a referring State.

7 Section 14 (note)

Repeal the note, substitute:

Schedule 1 Referring States

8 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Note 1:

In this context, Australia includes the Territory of Christmas Island

and the Territory of Cocos (Keeling) Islands (see paragraph 17(a) of

the Acts Interpretation Act 1901).

Note 2:

Section 30D extends the meaning of national system employer in

relation to a referring State.

8 At the end of subsection 15(1)

Add:

Note:

Subsection 30E(1) extends the meaning of employee in relation to a

referring State.

9 At the end of subsection 15(2)

Add:

Note:

Subsection 30E(2) extends the meaning of employer in relation to a

referring State.

10 Section 24

Repeal the section, substitute:

24 Guide to this Part

This Part deals with the extent of the application of this Act.

Division 2 is about how this Act affects the operation of certain

State or Territory laws.

Division 2A is about the extended application of this Act in a State

that has referred to the Parliament of the Commonwealth matters

relating to this Act.

Division 3 is about the geographical application of this Act.

Division 4 deals with other matters relating to the application of

this Act.

11 After Division 2 of Part 1-3

Insert:

Referring States Schedule 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Division 2A--Application of this Act in a referring State

30A Meaning of terms used in this Division

In this Division:

amendment includes the insertion, omission, repeal, substitution,

addition or relocation of words or matter.

excluded subject matter means:

(a) a matter dealt with in a law referred to in subsection 27(1A)

of this Act as originally enacted; or

(b) a non-excluded matter within the meaning of subsection

27(2) of this Act as so enacted (other than paragraph 27(2)(p)

of this Act as so enacted); or

paragraph (a) or (b) of this definition;

except to the extent that this Act as so enacted deals with the

matter (directly or indirectly), or requires or permits instruments

made or given effect under this Act so to deal with the matter.

express amendment means the direct amendment of this Act, but

does not include the enactment by a Commonwealth Act of a

provision that has, or will have, substantive effect otherwise than

as part of the text of this Act.

law enforcement officer is a member of a police force, a police

reservist, a police recruit or a protective services officer.

referral law, of a State, means the law of the State that refers

matters, as mentioned in subsection 30B(1), to the Parliament of

the Commonwealth.

referred provisions means the provisions of this Division to the

extent to which they deal with matters that are included in the

legislative powers of the Parliaments of the States.

referred subject matters means any of the following:

(a) terms and conditions of employment, including any of the

following:

(i) minimum terms and conditions of employment,

(including employment standards and minimum wages);

Schedule 1 Referring States

10 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(ii) terms and conditions of employment contained in

instruments (including instruments such as awards,

determinations and enterprise-level agreements);

(iii) bargaining in relation to terms and conditions of

employment;

(iv) the effect of a transfer of business on terms and

conditions of employment;

(b) terms and conditions under which an outworker entity may

arrange for work to be performed for the entity (directly or

indirectly), if the work is of a kind that is often performed by

outworkers;

independent contractors, outworkers, outworker entities,

associations of employees or associations of employers,

being rights and responsibilities relating to any of the

following:

(i) freedom of association and related protections;

(ii) protection from discrimination relating to employment;

(iii) termination of employment;

(iv) industrial action;

(v) protection from payment of fees for services related to

bargaining;

(vi) sham independent contractor arrangements;

(vii) standing down employees without pay;

(viii) rights of entry and rights of access to records;

(d) compliance with, and enforcement of, this Act;

(e) the administration of this Act;

(f) the application of this Act;

(g) matters incidental or ancillary to the operation of this Act or

of instruments made or given effect under this Act;

but does not include any excluded subject matter.

referring State: see section 30B.

State public sector employee, of a State, means:

(a) an employee of a State public sector employer of the State; or

(b) any other employee in the State of a kind specified in the

regulations;

Referring States Schedule 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

and includes a law enforcement officer to whom subsection 30E(1)

applies.

State public sector employer, of a State, means an employer that

is:

(a) the State; or

(b) a body (whether incorporated or unincorporated) established

for a public purpose by or under a law of the State, by the

Governor of a State or by a Minister of the State; or

(d) any other employer in the State of a kind specified in the

regulations;

and includes a holder of an office to whom subsection 30E(2)

applies.

30B Meaning of referring State

Reference of matters by State Parliament to Commonwealth

Parliament

(1) A State is a referring State if the Parliament of the State has

referred the matters covered by subsections (3), (4) and (5) in

relation to the State to the Parliament of the Commonwealth for the

purposes of paragraph 51(xxxvii) of the Constitution:

(a) if and to the extent that the matters are not otherwise included

in the legislative powers of the Parliament of the

Commonwealth (otherwise than by a reference under

paragraph 51(xxxvii) of the Constitution); and

(b) if and to the extent that the matters are included in the

legislative powers of the Parliament of the State.

This subsection has effect subject to subsection (6).

(2) A State is a referring State even if:

(a) the State's referral law provides that the reference to the

Parliament of the Commonwealth of any or all of the matters

covered by subsections (3), (4) and (5) is to terminate in

particular circumstances; or

(b) the State's referral law provides that particular matters

relating to State public sector employees, or State public

Schedule 1 Referring States

12 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

sector employers, of the State are not included in any or all of

those matters.

Reference covering referred provisions

(3) This subsection covers the matters to which the referred provisions

relate to the extent of making laws with respect to those matters by

amending this Act, as originally enacted, to include the referred

provisions.

Reference covering amendments

(4) This subsection covers the referred subject matters to the extent of

making laws with respect to those matters by making express

amendments of this Act.

Reference covering transitional matters

(5) This subsection covers making laws with respect to the transition

from the regime provided for by:

(a) the Workplace Relations Act 1996; or

(b) a law of a State relating to workplace relations;

to the regime provided for by this Act.

Effect of termination of reference

(6) Despite anything to the contrary in a referral law of a State, a State

ceases to be a referring State if any or all of the following occurs:

(a) the reference by the Parliament of the State to the Parliament

of the Commonwealth of the matters covered by

subsection (3) terminates;

(b) the reference by the Parliament of the State to the Parliament

of the Commonwealth of the matters covered by

subsection (4) terminates;

of the Commonwealth of the matters covered by

subsection (5) terminates.

30C Extende d meaning of national system employee

(1) A national system employee includes:

Referring States Schedule 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(a) any individual in a referring State so far as he or she is

employed, or usually employed, as described in paragraph

30D(1)(a), except on a vocational placement; and

(b) a law enforcement officer of the State to whom subsection

30E(1) applies.

(2) This section does not limit the operation of section 13 (which

defines a national system employee).

Note:

Section 30H may limit the extent to which this section extends the

meaning of national system employee.

30D Extende d meaning of national system employer

(1) A national system employer includes:

(a) any person in a referring State so far as the person employs,

or usually employs, an individual; and

(b) a holder of an office to whom subsection 30E(2) applies.

(2) This section does not limit the operation of section 14 (which

defines a national system employer).

Note:

Section 30H may limit the extent to which this section extends the

meaning of national system employer.

30E Extended ordinary meanings of employee and employer

(1) A reference in this Act to an employee with its ordinary meaning

includes a reference to a law enforcement officer of a referring

State if the State's referral law so provides for the purposes of that

law.

(2) A reference in this Act to an employer with its ordinary meaning

includes a reference to a holder of an office of a State if the State's

referral law provides, for the purposes of that law, that the holder

of the office is taken to be the employer of a law enforcement

officer of the State.

(3) This section does not limit the operation of section 15 (which deals

with references to employee and employer with their ordinary

meanings).

Note:

Section 30H may limit the extent to which this section extends the

meanings of employee and employer.

Schedule 1 Referring States

14 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

30F Extended meaning of outworker entity

(1) An outworker entity includes a person, other than in the person's

capacity as a national system employer, so far as:

(a) the person arranges for work to be performed for the person

(either directly or indirectly); and

(b) the work is of a kind that is often performed by outworkers;

and

(i) at the time the arrangement is made, one or more parties

to the arrangement is in a referring State;

(ii) the work is to be performed in a referring State;

(iii) the person referred to in paragraph (a) carries on an

activity (whether of a commercial, governmental or

other nature) in a referring State, and the work is

reasonably likely to be performed in that State;

(iv) the person referred to in paragraph (a) carries on an

activity (whether of a commercial, governmental or

other nature) in a referring State, and the work is to be

performed in connection with that activity.

(2) This section does not limit the operation of the definition of

outworker entity in section 12.

Note:

Section 30H may limit the extent to which this section extends the

meaning of outworker entity.

30G General protections

(1) Part 3-1 (which deals with general protections) applies to action

taken in a referring State.

(2) This section applies despite section 337 (which limits the

application of Part 3-1), and does not limit the operation of

sections 338 and 339 (which set out the application of that Part).

Note:

Section 30H may limit the extent to which this section extends the

application of Part 3-1.

30H Division only has effect if supported by reference

A provision of this Division has effect in relation to a referring

State only to the extent that the State's referral law refers to the

Parliament of the Commonwealth the matters mentioned in

Referring States Schedule 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

subsection 30B(1) that result in the Parliament of the

Commonwealth having sufficient legislative power for the

provision so to have effect.

30J Application of the Acts Interpretation Act 1901

(1) The Acts Interpretation Act 1901, as in force on the day on which

this Division commences, applies to this Act.

(2) Amendments of the Acts Interpretation Act 1901 made after that

day do not apply to this Act.

12 At the end of section 337

Add:

Note:

Section 30G extends the operation of this Part in a referring State.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 1 Treatment of transitional awards and common rules as transitional instruments

etc.

16 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Schedule 2

Consequential and transitional

provisions relating to referral of

matters

Part 1

Treatment of transitional awards and

common rules as transitional instruments

etc.

Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009

1 Item 2 of Schedule 2

Insert:

common rule means a common rule within the meaning of clauses 82

to 87 of Schedule 6 to the WR Act (including those clauses as they

continue to apply because of item 8A of Schedule 3).

2 Item 2 of Schedule 2

Insert:

State reference common rule: see subitem 2A(2) of Schedule 3.

3 Item 2 of Schedule 2

Insert:

State reference employee: see subitem 2A(3) of Schedule 3.

4 Item 2 of Schedule 2

Insert:

State reference employer: see subitem 2A(4) of Schedule 3.

5 Item 2 of Schedule 2

Insert:

State reference transitional award: see subitem 2A(1) of Schedule 3.

6 Item 2 of Schedule 2

Insert:

Consequential and transitional provisions relating to referral of matters Schedule 2

Treatment of transitional awards and common rules as transitional instruments etc.

Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

State reference transitional award or common rule means a State

reference transitional award or a State reference common rule.

7 Item 2 of Schedule 2

Insert:

Victorian employment agreement: see item 41 of Schedule 3.

8 After paragraph 2(2)(a) of Schedule 3

Insert:

(aa) a State reference transitional award or common rule;

9 Subitem 2(2) of Schedule 3 (note 4)

Repeal the note, substitute:

Note 4: For transitional provisions relating to other transitional awards, see Schedule 20.

10 At the end of subitem 2(3) of Schedule 3

Add:

Note:

Victorian employment agreements are not continued as transitional instruments. For

provisions relating to these agreements, see Part 7 of this Schedule.

11 After subitem 2(3) of Schedule 3

Insert:

(3A) If a State reference common rule comes into effect on or after the WR

Act repeal day under the provisions that continue to apply because of

item 8A, the State reference common rule becomes a transitional

instrument when the common rule comes into effect.

12 Paragraph 2(5)(a) of Schedule 3

After "awards," (first occurring), insert "State reference transitional

awards or common rules,".

13 After item 2 of Schedule 3

Insert:

2A Meanings of State reference transitional award and State

reference common rule

(1)

A State reference transitional award is a transitional award that covers:

(a) one or more specified State reference employers; and

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 1 Treatment of transitional awards and common rules as transitional instruments

etc.

18 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(b) specified State reference employees of those employers.

Note:

A transitional award includes a transitional Victorian reference award.

(2)

A State reference common rule is a common rule that covers:

(a) specified State reference employers; and

(b) specified State reference employees of those employers.

(3)

A State reference employee is an employee who is a national system

employee only because of section 30C of the FW Act.

(4)

A State reference employer is an employer that is a national system

employer only because of section 30D of the FW Act.

(5)

If:

(a) a transitional award (the current award) covers one or more

State reference employers, and State reference employees of

those employers; and

(b) the current award also covers:

(i) other employees of those employers; or

(ii) other employers, and employees of those other

employers;

then, for the purposes of this Act, the current award is taken instead to

constitute 2 separate transitional awards as follows:

(i) the employers, and the employees of those employers,

referred to in paragraph (a); and

(ii) if the current award covers an organisation, in relation

to certain employers or employees referred to in

paragraph (a)--that organisation in relation to those

employers or employees; and

(d) a transitional award covering:

(i) the employers, and the employees of those employers,

referred to in paragraph (b); and

(ii) if the current award covers an organisation, in relation

to certain employers or employees referred to in

paragraph (b)--that organisation in relation to those

employers or employees.

14 At the end of Part 2 of Schedule 3

Add:

Consequential and transitional provisions relating to referral of matters Schedule 2

Treatment of transitional awards and common rules as transitional instruments etc.

Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

8A Continuing application of provisions of the WR Act about

common rules

(1)

Subject to this item, clauses 82 to 87 of Schedule 6 to the WR Act

continue to apply on and after the WR Act repeal day in relation to State

reference common rules.

(2)

Clauses 82 to 87 continue to apply as if:

(a) references in the clauses to the transitional period (including

references to the end of the transitional period) were omitted;

and

(b) a reference in the clauses to the Commission were instead a

reference to FWA; and

reference to the General Manager of FWA; and

(d) a reference in the clauses to the Rules of the Commission

were instead a reference to the procedural rules of FWA.

(3)

Subitem (2) has effect unless the context otherwise requires and subject

to the regulations.

Note:

For example, paragraph (2)(a) does not apply if the reference is to something that the

Commission did before the WR Act repeal day (or before the reform commencement).

15 After item 12 of Schedule 3

Insert:

12A State reference transitional awards: variation and

revocation

General provisions

(1)

Subject to this item, Divisions 5 (other than subsections 554(1) to (4))

and 6 of Part 10 of the WR Act apply on and after the WR Act repeal

day in relation to transitional instruments that are State reference

transitional awards as if:

(a) references to the Commission were instead references to

FWA; and

(b) references to an award included references to a State

reference transitional award.

Note 1: Items 10 and 11 apply instead of subsections 554(1) to (4) of the WR Act.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 1 Treatment of transitional awards and common rules as transitional instruments

etc.

20 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Note 2: For variation of State reference common rules, see the provisions continued in effect by

item 8A.

(2)

To avoid doubt, for the purpose of sections 552 and 553 of the WR Act,

as applied by subitem (1) in relation to State reference transitional

awards, "minimum safety net entitlements" includes minimum safety

net entitlements relating to wages.

Note:

For variation of terms relating to wages after the end of the bridging period, see

subitems (4) to (6).

(3)

FWA must perform its powers and functions under Divisions 5 and 6 in

a way that furthers the objects of Part 10 of the WR Act.

Special provisions about variation or revocation after the end of

the bridging period

(4)

A State reference transitional award cannot be varied or revoked after

the end of the bridging period except as follows:

(a) a State reference transitional award, other than terms relating

to wages, can be varied after the end of the bridging period

under section 553 of the WR Act;

(b) terms of a State reference transitional award relating to wages

can be varied after the end of the bridging period in an annual

wage review under the FW Act as provided for in

subitem (5);

end of the bridging period as a result of FWA continuing to

deal with a matter that it was dealing with before the end of

the bridging period.

(5)

In an annual wage review, FWA may make a determination varying

terms of a State reference transitional award relating to wages.

(6)

For the purpose of subitem (5), Division 3 of Part 2-6 of the FW Act

(other than section 292) applies to terms of a State reference transitional

award relating to wages in the same way as it applies to a modern

award.

16 At the end of Schedule 3

Add:

Consequential and transitional provisions relating to referral of matters Schedule 2

Treatment of transitional awards and common rules as transitional instruments etc.

Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Part 7

Victorian employment agreements

41 Part applies to Victorian employment agreements

This Part applies to a Victorian employment agreement that was in

force in relation to an employer and an employee (the parties) under

Division 12 of Part 21 of the WR Act immediately before the WR Act

repeal. A Victorian employment agreement is an employment

agreement within the meaning of that Division.

42 Victorian employment agreement enforceable as a

contract

On and after the WR Act repeal day the Victorian employment

agreement is enforceable by one of the parties against the other party as

if it were a contract. The provisions of Division 12 of Part 21 of the WR

Act do not continue to apply in relation to the agreement.

17 Subitem 2(2A) of Schedule 6

Omit "an award, if the award", substitute "an award or a State reference

transitional award, if the award or State reference transitional award".

18 Subitem 3(1) of Schedule 7

Insert:

award includes a State reference transitional award or common rule.

19 Paragraph 13(2)(a) of Schedule 7

After "an award", insert ", a State reference transitional award or

common rule,".

20 At the end of item 18 of Schedule 7

Add:

State reference transitional awards or common rules: transitional

APCSs not relevant

(5)

If the relevant award-based transitional instrument in relation to an

employee is a State reference transitional award or common rule, the

references in this item to a transitional APCS are to be disregarded.

Note:

State reference transitional awards or common rules contain terms dealing with wages.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 1 Treatment of transitional awards and common rules as transitional instruments

etc.

22 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

21 At the end of item 19 of Schedule 7

Add:

State reference transitional awards or common rules: transitional

APCSs not relevant

(6)

If the relevant award-based transitional instrument in relation to an

employee is a State reference transitional award or common rule, the

references in this item to a transitional APCS are to be disregarded.

Note:

State reference transitional awards or common rules contain terms dealing with wages.

22 Item 21 of Schedule 7

After "awards" (last occurring), insert "(including State reference

transitional awards and common rules)".

23 Paragraph 25(3)(a) of Schedule 7

After "an award", insert "or a State reference transitional award or

common rule".

24 Subitem 27(5) of Schedule 8

Insert:

award includes a State reference transitional award.

25 At the end of item 5 of Schedule 9

Add:

(4)

Despite item 6 of Schedule 2, the following provisions of Part 21 of the

WR Act do not apply in relation to the continued AFPCS wages

provisions:

(a) subparagraph 861(1)(d)(iii);

(b) section 865.

Note:

Paragraph (a) has a flow-through effect to the reference in subparagraph 885(1)(j) of the

WR Act to section 861.

26 At the end of paragraph 5(2)(d) of Schedule 10

Add "or a State reference transitional award or common rule".

27 After subitem 2(2) of Schedule 11

Insert:

Consequential and transitional provisions relating to referral of matters Schedule 2

Treatment of transitional awards and common rules as transitional instruments etc.

Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(2A) For the purpose of the continued application, by subitem (2), of

Division 5 of Part 11 of the WR Act:

(a) a reference in those provisions to an award is taken to include

a reference to a State reference transitional award; and

(b) despite item 6 of Schedule 2, paragraph 885(1)(e) of that Act

does not continue to apply.

Note:

Paragraph 885(1)(e) would otherwise have disapplied Division 5 of Part 11 of the WR

Act.

28 Subitem 5(2) of Schedule 11

After "award", insert "or a State reference transitional award".

29 Subitem 8(1) of Schedule 11

After "operation", insert "and other than a State reference common

rule".

30 At the end of paragraph 8(2)(b) of Schedule 11

Add ", other than a State reference common rule".

31 Paragraph 13(2)(a) of Schedule 18

Omit ", a transitional award (including a transitional Victorian reference

award) or a common rule", substitute "or a transitional award that is not

a WR Act instrument".

32 Item 1 of Schedule 20

Repeal the item, substitute:

1 Schedule 6 to the WR Act

(1)

Schedule 6 to the WR Act (continued Schedule 6) continues to apply

on and after the WR Act repeal day in accordance with this Schedule.

(2)

Except for instrument content rules and instrument interaction rules,

nothing in this Schedule or continued Schedule 6 applies to State

reference transitional awards or common rules.

Note:

State reference transitional awards or common rules are continued in existence by

Schedule 3 as transitional instruments.

(3)

Without limiting subitem (1) (but subject to subitem (2)), transitional

awards that were in operation under Schedule 6 to the WR Act

immediately before the WR Act repeal day continue in operation as

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 1 Treatment of transitional awards and common rules as transitional instruments

etc.

24 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

continuing Schedule 6 instruments on and after the repeal day in

accordance with continued Schedule 6.

Note 1: In addition to provisions of this Schedule, Part 3 of Schedule 2 may also affect

continuing Schedule 6 instruments.

Note 2: Compliance with continuing Schedule 6 instruments is dealt with in Schedule 16.

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Part 2

State reference public sector modern awards

Division 1

State reference public sector transitional

award modernisation

Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009

33 Subsection 2(1)(after table item 4)

Insert:

4A. Schedule 6A

At the same time as the provision(s) covered

by table item 2.

34 Item 2 of Schedule 2 (at the end of the definition of

modernisation-related reduction in take-home pay)

Add:

; and (c) in relation to the State reference public sector transitional

award modernisation process--has the meaning given by

subitem 13(3) of Schedule 6A.

35 Item 2 of Schedule 2

Insert:

State reference public sector employee: see subitem 2(2) of

Schedule 6A.

36 Item 2 of Schedule 2

Insert:

State reference public sector employer: see subitem 2(3) of

Schedule 6A.

37 Item 2 of Schedule 2

Insert:

State reference public sector modern award: see subitem 3(2) of

Schedule 6A.

38 Item 2 of Schedule 2

Insert:

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

26 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

State reference public sector modern awards objective: see subitem

7(2) of Schedule 6A.

39 Item 2 of Schedule 2

Insert:

State reference public sector transitional award: see subitem 2(1) of

Schedule 6A.

40 Item 2 of Schedule 2

Insert:

State reference public sector transitional award modernisation

process: see subitem 3(1) of Schedule 6A.

41 Item 2 of Schedule 2 (definition of take-home pay)

Omit "and subitem 11(2) of Schedule 6", substitute ", subitem 11(2) of

Schedule 6 and subitem 13(2) of Schedule 6A".

42 Item 2 of Schedule 2 (definition of take-home pay order)

Omit "and subitem 12(1) of Schedule 6", substitute ", subitem 12(1) of

Schedule 6 and subitem 14(1) of Schedule 6A".

43 Subitem 29(1) of Schedule 3 (note)

Repeal the note, substitute:

Note:

A modern award cannot be expressed to cover an employee who is covered by a

transitional instrument that is an enterprise instrument or a State reference public sector

transitional award (see subsections 143(8) and (10) of the FW Act).

44 Schedule 5 (heading)

Repeal the heading, substitute:

Schedule 5

Modern awards (other than

modern enterprise awards and State

reference public sector modern

awards)

45 Subitem 3(3) of Schedule 5

After "enterprise instrument" (wherever occurring), insert "or a State

reference public sector transitional award".

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

46 Subitem 3(3) of Schedule 5 (note)

After "Note", insert "1.".

47 At the end of subitem 3(3) of Schedule 5

Add:

Note 2: Item 10 of Schedule 6A deals with termination and variation of State reference public

sector transitional awards to take account of the State reference public sector transitional

award modernisation process.

48 Item 6 of Schedule 5 (heading)

After "modern enterprise awards", insert "and State reference

public sector modern awards".

49 Subitem 6(1) of Schedule 5

After "modern enterprise awards", insert "and State reference public

sector modern awards".

50 Subitem 2(2) of Schedule 6

After "award-based transitional instrument", insert ", other than a State

reference public sector transitional award,".

51 After Schedule 6

Insert:

Schedule 6A

State reference public sector

modern awards

Part 1

Preliminary

1 Meanings of employer and employee

In this Schedule, employer and employee have their ordinary meanings.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

28 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Part 2

The State reference public sector transitional

award modernisation process

Division 1

State reference public sector transitional

awards

2 State reference public sector transitional awards

(1)

A State reference public sector transitional award is a State reference

transitional award or common rule in relation to which the following

conditions are satisfied:

(a) the only employers that are expressed to be covered by the

award or common rule are one or more specified State

reference public sector employers;

(b) the only employees who are expressed to be covered by the

award or common rule are specified State reference public

sector employees of those employers.

Note:

State reference transitional awards and common rules are continued in existence as

transitional instruments by Schedule 3.

(2)

A State reference public sector employee is a State reference employee

who is a State public sector employee as defined in section 30A of the

FW Act.

(3)

A State reference public sector employer is a State reference employer

that is a State public sector employer as defined in section 30A of the

FW Act.

(4)

If:

(a) a State reference transitional award or common rule (the

current award) covers one or more State reference public

sector employers, and State reference public sector

employees of those employers; and

(b) the current award also covers:

(i) other employees of those employers; or

(ii) other employers, and employees of those other

employers;

then, for the purposes of this Act, the current award is taken instead to

constitute 2 separate State reference transitional awards or common

rules as follows:

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(i) the employers, and the employees of those employers,

referred to in paragraph (a); and

(ii) if the current award covers an organisation, in relation

to certain employers or employees referred to in

paragraph (a)--that organisation in relation to those

employers or employees; and

(d) a State reference transitional award or a State reference

common rule (as the case requires) covering:

(i) the employers, and the employees of those employers,

referred to in paragraph (b); and

(ii) if the current award covers an organisation, in relation

to certain employers or employees referred to in

paragraph (b)--that organisation in relation to those

employers or employees.

Division 2

The State reference public sector transitional

award modernisation process

3 The State reference public sector transitional award

modernisation process

(1)

The State reference public sector transitional award modernisation

process is the process of making State reference public sector modern

awards under this Division covering employers, employees and

organisations that are covered by State reference public sector

transitional awards.

(2)

A State reference public sector modern award is a modern award in

relation to which the following conditions are satisfied:

(a) the only employers that are expressed to be covered by the

modern award are one or more specified State reference

public sector employers;

(b) the only employees who are expressed to be covered by the

modern award are specified State reference public sector

employees of those employers.

(3)

A State reference public sector modern award must be made by a Full

Bench.

4 Making State reference public sector modern awards on

application

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

30 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(1)

An employer or organisation that is covered by a State reference public

sector transitional award (the current award) may apply to FWA for the

making of a State reference public sector modern award (the proposed

award).

(2)

The application may be made only during the period starting on the WR

Act repeal day and ending at the end of 31 December 2013.

(3)

The application must specify the employers, employees and

organisations (the proposed parties) proposed to be covered by the

proposed award.

(4)

FWA must consider the application, and must make a State reference

public sector modern award covering the proposed parties if FWA is

satisfied that:

(a) the proposed parties are covered by State reference public

sector transitional awards; and

(b) the employers and organisations that are proposed parties

have agreed to the making of the application.

Note:

The proposed parties will cease to be covered by State reference public sector

transitional awards when the State reference public sector modern award comes into

operation: see item 29 of Schedule 3.

5 Terminating State reference public sector transitional

awards on application

(1)

An employer or organisation that is covered by a State reference public

sector transitional award (the current award) may apply to FWA to

terminate the current award.

(2)

The application may be made only during the period starting on the WR

Act repeal day and ending at the end of 31 December 2013.

(3)

FWA must not terminate the current award unless FWA is satisfied that

the employees who are covered by the current award will, if the current

award is terminated, be covered by a modern award (other than the

miscellaneous modern award) that is in operation and that is appropriate

for them.

(4)

In deciding whether to terminate the current award, FWA must take into

account the following:

(a) the circumstances that led to the making of the current award;

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(b) the terms and conditions of employment applying in the

industry or occupation in which the persons covered by the

current award operate, and the extent to which those terms

and conditions are reflected in the current award;

arrangements, and provides terms and conditions of

employment, referred to in paragraphs 7(2)(a) and (b);

(d) the likely impact on the persons covered by the current award

of a decision to terminate, or not to terminate, the current

award;

(e) the views of the persons covered by the current award;

(f) any other matter prescribed by the regulations.

(5)

If FWA terminates the current award, the termination operates from the

day specified in the decision to terminate the current award, being a day

that is not earlier than the FW (safety net provisions) commencement

day.

6 Further obligation of FWA to make or vary State reference

public sector modern awards at end of application

period

If, at the end of the period referred to in subitem 4(2), there are one or

more State reference public sector transitional awards that still cover

some employers and employees, FWA must make, or (in accordance

with section 168L of the FW Act) vary the coverage of, one or more

State reference public sector modern awards so that all those employers

and employees are covered by State reference public sector modern

awards.

Note:

The employers and employees will cease to be covered by the State reference public

sector transitional awards when they start to be covered by a State reference public

sector modern award that is in operation: see item 29 of Schedule 3.

7 The State reference public sector modern awards objective

(1)

If FWA is required by item 4 or 6 to make a State reference public

sector modern award, the modern awards objective and the minimum

wages objective apply to the making of the modern award.

(2)

However, in applying the modern awards objective and the minimum

wages objective, FWA must recognise:

(a) the need to facilitate arrangements for State reference public

sector employers and State reference public sector employees

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

32 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

that are appropriately adapted to the effective administration

of a State; and

(b) that State reference public sector modern awards may

provide terms and conditions tailored to reflect employment

arrangements that have been developed in relation to State

reference public sector employers and State reference public

sector employees.

This is the State reference public sector modern awards objective.

Note 1: See also item 13 (State reference public sector transitional award modernisation process

is not intended to result in reduction in take-home pay).

Note 2: See also item 19 (how the FW Act applies in relation to the State reference public sector

transitional award modernisation process before the FW (safety net provisions)

commencement day).

8 Terms of State reference public sector modern awards

(1)

Division 3 (other than sections 143 and 154) of Part 2-3 of the FW Act

(which deals with terms of modern awards) applies in relation to a State

reference public sector modern award made under this Division.

Note:

See also item 19 (how the FW Act applies in relation to the State reference public sector

transitional award modernisation process before the FW (safety net provisions)

commencement day).

(2)

If FWA makes a State reference public sector modern award before the

FW (safety net provisions) commencement day, the State reference

public sector modern award must not be expressed to commence on a

day earlier than the FW (safety net provisions) commencement day.

9 Coverage terms

Coverage terms must be included

(1)

A State reference public sector modern award must include terms

(coverage terms) setting out, in accordance with this item, the

employers, employees and organisations that are covered by the State

reference public sector modern award.

Employers and employees

(2)

The coverage terms must be such that:

(a) the only employers that are expressed to be covered by the

modern award are one or more specified State reference

public sector employers; and

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(b) the only employees who are expressed to be covered by the

modern award are specified State reference public sector

employees of those employers.

Organisations

(3)

A State reference public sector modern award may be expressed to

cover one or more specified organisations, in relation to:

(a) all or specified employees covered by the modern award; or

(b) the employer, or all or specified employers, covered by the

modern award.

Outworker entities

(4)

A State reference public sector modern award must not be expressed to

cover outworker entities.

How coverage etc. is expressed

(5)

For the purposes of this item:

(a) an employer or employers may be specified by name or by

inclusion in a specified class or specified classes; and

(b) employees must be specified by inclusion in a specified class

or specified classes; and

10 Variation and termination of State reference public sector

transitional awards to take account of the

modernisation process

(1)

If a State reference public sector modern award completely replaces a

State reference public sector transitional award, the transitional award

terminates when the modern award comes into operation.

(2)

If a State reference public sector modern award partially replaces a

State reference public sector transitional award, FWA must, as soon as

practicable after the modern award comes into operation, vary the

transitional award so that employees who are covered by the modern

award are no longer covered by the transitional award.

(3)

For the purposes of this item:

(a) the modern award completely replaces the transitional award

if all the employees who are covered by the transitional

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

34 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

award become covered by the modern award when it comes

into operation; and

(b) the modern award partially replaces the transitional award if

only some of the employees who are covered by the

transitional award become covered by the modern award

when it comes into operation.

Note:

This item does not limit the effect of any other provision of this Act under which a

transitional instrument (a State reference public sector transitional award is a

transitional instrument) ceases to cover a person from a time earlier than when the

instrument is terminated or varied under this item.

11 Notification of the cut-off for the State reference public

sector transitional award modernisation process

(1)

FWA must, at least 6 months before the end of the period specified in

subitem 4(2), advise any persons still covered by a State reference

public sector transitional award:

(a) that the period for making applications under items 4 and 5

ends on 31 December 2013; and

(b) that FWA will, at the end of that period, commence the State

reference public sector transitional award modernisation

process in relation to the transitional award for any

employees and employers who are still covered by the

transitional award at that time.

(2)

FWA may give that advice by any means it considers appropriate.

(3)

Section 625 of the FW Act (which deals with delegation by the

President of functions and powers of FWA) has effect as if

subsection (2) of that section included a reference to FWA's functions

and powers under this item.

12 Regulations dealing with other matters

The regulations may deal with other matters relating to the State

reference public sector transitional award modernisation process.

Division 3

Avoiding reductions in take-home pay

13 State reference public sector transitional award

modernisation process is not intended to result in

reduction in take-home pay

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(1)

The State reference public sector transitional award modernisation

process is not intended to result in a reduction in the take-home pay of

employees.

(2)

An employee's take-home pay is the pay an employee actually receives:

(a) including wages and incentive-based payments, and

additional amounts such as allowances and overtime; but

(b) disregarding the effect of any deductions that are made as

permitted by section 324 of the FW Act.

Note:

Deductions permitted by section 324 of the FW Act may (for example) include

deductions under salary sacrificing arrangements.

(3)

An employee suffers a modernisation-related reduction in take-home

pay if, and only if:

(a) a State reference public sector modern award made in the

State reference public sector transitional award

modernisation process starts to apply to the employee when

the modern award comes into operation; and

(b) the employee is employed in the same position as (or a

position that is comparable to) the position he or she was

employed in immediately before the State reference public

sector modern award came into operation; and

particular hours or for a particular quantity of work after the

State reference public sector modern award comes into

operation is less than what would have been the employee's

take-home pay for those hours or that quantity of work

immediately before the modern award came into operation;

and

(d) that reduction in the employee's take-home pay is

attributable to the State reference public sector transitional

award modernisation process.

14 Orders remedying reductions in take-home pay

(1)

If FWA is satisfied that an employee, or a class of employees, to whom

a State reference public sector modern award applies has suffered a

modernisation-related reduction in take-home pay, FWA may make any

order (a take-home pay order) requiring, or relating to, the payment of

an amount or amounts to the employee or employees that FWA

considers appropriate to remedy the situation.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

36 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(2)

FWA may make a take-home pay order only on application by:

(a) an employee who has suffered a modernisation-related

reduction in take-home pay; or

(b) an organisation that is entitled to represent the industrial

interests of such an employee; or

(3)

If FWA is satisfied that an application for a take-home pay order has

already been made in relation to an employee or a class of employees,

FWA may dismiss any later application that is made under these

provisions in relation to the same employee or employees.

15 Ensuring that take-home pay orders are confined to the

circumstances for which they are needed

(1)

FWA must not make a take-home pay order in relation to an employee

or class of employees if:

(a) FWA considers that the modernisation-related reduction in

take-home pay is minor or insignificant; or

(b) FWA is satisfied that the employee or employees have been

adequately compensated in other ways for the reduction.

(2)

FWA must ensure that a take-home pay order is expressed so that:

(a) it does not apply to an employee unless the employee has

actually suffered a modernisation-related reduction in

take-home pay; and

(b) if the take-home pay payable to the employee under the State

reference public sector modern award increases after the

order is made, there is a corresponding reduction in any

amount payable to the employee under the order.

16 Take-home pay order continues to have effect so long as

State reference public sector modern award continues

to cover the employee or employees

A take-home pay order made in relation to an employee or class of

employees to whom a particular State reference public sector modern

award applies continues to have effect in relation to those employees

(subject to the terms of the order) for so long as the State reference

public sector modern award continues to cover the employee or

employees, even if it stops applying to the employee or employees

because an enterprise agreement starts to apply.

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

17 Inconsistency with State reference public sector modern

awards and enterprise agreements

A term of a State reference public sector modern award or an enterprise

agreement has no effect in relation to an employee to the extent that it is

less beneficial to the employee than a term of a take-home pay order

that applies to the employee.

18 Application of provisions of FW Act to take-home pay

orders

The FW Act applies as if the following provisions of that Act included a

reference to a take-home pay order:

(a) subsection 675(2);

(b) subsection 706(2).

Note:

For compliance with take-home pay orders, see item 7 of Schedule 16.

Division 4

Application of the FW Act

19 How the FW Act applies to the modernisation process

before the FW (safety net provisions) commencement

day

For the purposes of making a State reference public sector modern

award before the FW (safety net provisions) commencement day, the

following provisions of the FW Act apply as if they had already

commenced:

(a) Part 2-2 (which deals with the National Employment

Standards);

(b) section 134 (which deals with the modern awards objective);

awards);

(d) section 284 (which deals with the minimum wages

objective);

(e) any provisions that are necessary for the effectual operation

of the provisions referred to in paragraphs (a) to (d).

20 How the FW Act applies to modern awards made in the

State reference public sector transitional award

modernisation process

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

38 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(1)

A State reference public sector modern award made under Division 2 is,

for the purposes of the FW Act (and any other law), taken to be a

modern award (being a State reference public sector modern award)

within the meaning of that Act from the day on which the State

reference public sector modern award is made.

(2)

Section 49 of the FW Act does not apply for the purpose of determining

when the State reference public sector modern award comes into

operation. Instead, the modern award comes into operation on the day

on which it is expressed to commence, being a day that is not earlier

than the day on which the modern award is made.

(3)

The regulations may deal with other matters relating to how the FW Act

applies in relation to State reference public sector modern awards.

Division 2

Other amendments related to State reference

public sector modern awards

Fair Work Act 2009

52 Section 12 (at the end of the definition of award

modernisation process)

add:

; and (c) the State reference public sector transitional award

modernisation process provided for by Part 2 of Schedule 6A

of the Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009.

53 Section 12 (at the end of the definition of coverage terms)

add:

; and (c) in relation to a State reference public sector modern award:

see section 143B.

54 Section 12

Insert:

State reference public sector employee: see subsection 168E(3).

55 Section 12

Insert:

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

State reference public sector employer: see subsection 168E(4).

56 Section 12

Insert:

State reference public sector modern award: see subsection

168E(2).

57 Section 12

Insert:

State reference public sector modern awards objective: see

section 168F.

58 At the end of subsection 49(3)

Insert:

Note:

For when a State reference public sector modern award comes into

operation, see section 168J.

59 Section 132 (after the paragraph relating to Division 7)

Insert:

Division 8 contains additional provisions relating to State reference

public sector modern awards.

60 At the end of section 143

Add:

State reference public sector modern awards

(10) A modern award (other than a State reference public sector modern

award) must be expressed not to cover employees who are covered

by a State reference public sector modern award, or a State

reference public sector transitional award (within the meaning of

the Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009), or employers in relation to those

employees.

(11) This section does not apply to State reference public sector modern

awards.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

40 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Note:

The heading to section 143 is altered by adding at the end "and State reference public

sector modern awards".

61 After section 143A

Insert:

143B Coverage terms of State reference public sector modern

awards

Coverage terms must be included

(1) A State reference public sector modern award must include terms

(coverage terms) setting out, in accordance with this section, the

employers, employees and organisations that are covered by the

modern award.

Employers and employees

(2) The coverage terms must be such that:

(a) the only employers that are expressed to be covered by the

modern award are one or more specified State reference

public sector employers; and

(b) the only employees who are expressed to be covered by the

modern award are specified State reference public sector

employees of those employers.

Organisations

(3) A State reference public sector modern award may be expressed to

cover one or more specified organisations, in relation to:

(a) all or specified employees covered by the modern award; or

(b) the employer, or all or specified employers, covered by the

modern award.

Outworker entities

(4) A State reference public sector modern award must not be

expressed to cover outworker entities.

How coverage etc. is expressed

(5) For the purposes of this section:

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(a) an employer or employers may be specified by name or by

inclusion in a specified class or specified classes; and

(b) employees must be specified by inclusion in a specified class

or specified classes; and

62 At the end of Part 2-3

Add:

Division 8--Additional provisions relating to State

reference public sector modern awards

168E State reference public sector modern awards

(1) This Division contains additional provisions that relate to State

reference public sector modern awards. The provisions in this

Division have effect despite anything else in this Part.

(2) A State reference public sector modern award is a modern award

in relation to which the following conditions are satisfied:

(a) the only employers that are expressed to be covered by the

modern award are one or more specified State reference

public sector employers;

(b) the only employees who are expressed to be covered by the

modern award are specified State reference public sector

employees of those employers.

(3) A State reference public sector employee is an employee:

(a) who is a national system employee only because of

section 30C; and

(b) who is a State public sector employee as defined in

section 30A.

(4) A State reference public sector employer is an employer:

(a) that is a national system employer only because of

section 30D; and

(b) that is a State public sector employer as defined in

section 30A.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

42 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

168F The State reference public sector modern awards objective

The State reference public sector modern awards objective

(1) FWA must recognise:

(a) the need to facilitate arrangements for State reference public

sector employers and State reference public sector employees

that are appropriately adapted to the effective administration

of a State; and

(b) that State reference public sector modern awards may

provide terms and conditions tailored to reflect employment

arrangements that have been developed in relation to State

reference public sector employers and State reference public

sector employees.

This is the State reference public sector modern awards objective.

When does the State reference public sector modern awards

objective apply?

(2) The State reference public sector modern awards objective applies

to the performance of FWA's functions or powers under this Act,

so far as they relate to State reference public sector modern awards.

References to the modern awards objective

(3) A reference to the modern awards objective in this Act, other than

section 134, is taken to include a reference to the State reference

public sector modern awards objective.

168G Making State reference public sector mode rn awards on

application

(1) FWA may make a State reference public sector modern award (the

proposed award) only on application under section 158 by:

(a) a State reference public sector employer; or

(b) an organisation that is entitled to represent the industrial

interests of a State reference public sector employer or of a

State reference public sector employee.

(2) The application must specify the employers, employees and

organisations (the proposed parties) proposed to be covered by the

proposed award.

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(3) FWA must consider the application, and must make a State

reference public sector modern award covering the proposed

parties if FWA is satisfied that:

(a) the employers and organisations that are proposed parties

have agreed to the making of the application; and

(b) either:

(i) none of the employers and employees that are proposed

parties are already covered by a State reference public

sector modern award; or

(ii) if there are employers and employees that are proposed

parties and that are already covered by a State reference

public sector modern award (the current award)--it is

appropriate (in accordance with section 168L) to vary

the coverage of the current award so that the employers

or employees cease to be covered by the current award.

(4) FWA must not make a State reference public sector modern award

otherwise than in accordance with this Division or in accordance

with Part 2 of Schedule 6A to the Fair Work (Transitional

Provisions and Consequential Amendments) Act 2009.

168H State reference public sector modern awards may contain

State-based differences

Section 154 (which deals with terms that contain State-based

differences) does not apply in relation to State reference public

sector modern awards.

168J When State reference public sector modern awards come into

operation

Section 49 does not apply for the purpose of determining when a

State reference public sector modern award comes into operation.

Instead, the modern award comes into operation on the day on

which it is expressed to commence, being a day that is not earlier

than the day on which the modern award is made.

168K Rules about revoking State reference public sector modern

awards

(1) FWA may make a determination revoking a State reference public

sector modern award only on application under section 158 by:

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

44 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(a) a State reference public sector employer; or

(b) an organisation that is entitled to represent the industrial

interests of a State reference public sector employer or of a

State reference public sector employee.

(2) FWA must not make a determination revoking a State reference

public sector modern award unless FWA is satisfied that:

(a) the modern award is obsolete or no longer capable of

operating; or

(b) all the employees covered by the modern award will, when

the revocation comes into operation, be covered by a

different modern award (other than the miscellaneous modern

award) that is appropriate for them.

(3) In deciding whether to revoke a State reference public sector

modern award, FWA must take into account the following:

(a) the circumstances that led to the making of the modern

award;

(b) the terms and conditions of employment applying in the

industry or occupation in which the persons covered by the

modern award operate, and the extent to which those terms

and conditions are reflected in the modern award;

arrangements, and provides terms and conditions of

employment, referred to in paragraphs 168F(1)(a) and (b);

(d) the likely impact on the persons covered by the modern

award of a decision to revoke, or not to revoke, the modern

award;

(e) the views of the persons covered by the modern award;

(f) any other matter prescribed by the regulations.

168L Rules about varying coverage of State reference public sector

modern awards

(1) FWA may make a determination varying the coverage of a State

reference public sector modern award only on application under

section 158 by:

(a) a State reference public sector employer; or

(b) an organisation that is entitled to represent the industrial

interests of a State reference public sector employer or of a

State reference public sector employee.

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(2) FWA must not make a determination varying the coverage of a

State reference public sector modern award so that it ceases to be a

State reference public sector modern award.

(3) In deciding whether to make a determination varying the coverage

of a State reference public sector modern award in some other way,

FWA must take into account the following:

(a) the circumstances that led to the making of the modern

award;

(b) the terms and conditions of employment applying in the

industry or occupation in which the persons covered, or

proposed to be covered, by the modern award operate, and

the extent to which those terms and conditions are reflected

in the modern award;

covered, by the modern award of a decision to make, or not

make, the variation;

(d) if the variation would result in the modern award covering

one or more additional classes of employers or employees--

whether it is appropriate for that modern award to cover

those classes of employers or employees, as well as the

classes of employers and employees that it already covers;

(e) the views of the persons covered, or proposed to be covered,

by the modern award;

(f) any other matter prescribed by the regulations.

63 Subsection 292(1)

After "modern enterprise award" (wherever occurring), insert "or a

State reference public sector modern award".

Schedule 3 Other amendments of the Fair Work Act 2009

46 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Schedule 3

Other amendments of the Fair

Work Act 2009

1 Section 12

Insert:

connected with a Territory: an arrangement for work to be

performed for a person (either directly or indirectly) is connected

with a Territory if one or more of the following apply:

(a) at the time the arrangement is made, one or more parties to

the arrangement is in a Territory in Australia;

(b) the work is to be performed in such a Territory;

governmental or other nature) in such a Territory, and the

work is reasonably likely to be performed in that Territory;

(d) the person carries on an activity (whether of a commercial,

governmental or other nature) in such a Territory, and the

work is to be performed in connection with that activity.

Note:

In this context, Australia includes the Territory of Christmas Island

and the Territory of Cocos (Keeling) Islands (see paragraph 17(a) of

the Acts Interpretation Act 1901).

2 Section 12 (paragraph (e) of the definition of outworker

entity)

Omit "who carries on an activity (whether of a commercial,

governmental or other nature) in a Territory in Australia,".

3 Section 12 (subparagraph (e)(iii) of the definition of

outworker entity)

Repeal the subparagraph, substitute:

(iii) the arrangement is connected with a Territory.

4 Subparagraph 27(1)(d)(i)

Repeal the subparagraph, substitute:

(i) any law referred to in subsection (1A); or

Agriculture, Fisheries and Forestry Schedule 4

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Schedule 4

Agriculture, Fisheries and

Forestry

Australian Meat and Live-stock Industry (Repeals and

Consequential Provisions) Act 1997

1 Item 23 of Schedule 5 (definition of award)

Repeal the definition.

Dairy Industry Service Reform Act 2003

2 Subsection 22(2) (definition of award)

Repeal the definition.

3 Subsection 38(2) (definition of award)

Repeal the definition.

Horticulture Marketing and Research and Development

Services (Repeals and Consequential Provisions)

Act 2000

4 Subsection 4(1) (definition of award)

Repeal the definition.

Pig Industry Act 2001

5 Section 7 (definition of award)

Repeal the definition.

Schedule 5 Attorney-General

Part 1 General consequential amend ments

48 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Schedule 5

Attorney-General

Part 1

General consequential amendments

Age Discrimination Act 2004

1 Section 5 (paragraph (c) of the definition of Commonwealth

law)

Omit "or award", substitute ", determination or award".

2 Subsection 23(3) (definition of registered organisation)

Omit "within the meaning of Schedule 1B to the Workplace Relations

Act 1996", substitute "registered, or an association recognised, under

the Fair Work (Registered Organisations) Act 2009".

Note:

The heading to section 23 is altered by omitting "Schedule 1B to the Workplace

Relations Act 1996" and substituting "the Fair Work (Registered Organisations) Act

2009".

3 Subsection 36(2) (definition of registered organisation)

Omit "within the meaning of Schedule 1B to the Workplace Relations

Act 1996", substitute "registered, or an association recognised, under

the Fair Work (Registered Organisations) Act 2009".

Australian Capital Territory (Self-Government) Act 1988

4 Section 28 (note)

Omit "Section 17 of the Workplace Relations Act 1996", substitute

"Sections 29 and 40 of the Fair Work Act 2009".

Australian Crime Commission Act 2002

5 Subsection 19A(8) (definition of prescribed agency)

Omit "the Australian Industrial Relations Commission", substitute "Fair

Work Australia".

6 Schedule 1

Insert the following entry in its appropriate alphabetical position

(determined on a letter-by-letter basis):

Attorney-General Schedule 5

General consequential amendments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Fair Work (Registered Organisations) Act 2009, section 356

7 Schedule 1

Omit "Workplace Relations Act 1996, section 355, and section 356 of

Schedule 1B".

Australian Federal Police Act 1979

8 Subsection 4(1) (definition of collective agreement)

Repeal the definition.

9 Subsection 27(4) (definition of industrial instrument)

Omit all the words from and including "any" to and including "an

AWA.", substitute "an award, determination or industrial agreement

made under the Fair Work Act 2009 or continued in existence by the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009 (see item 2 of Schedule 3 to that Act).".

10 Subsection 27(4) (note)

Omit ", within the meaning given by the Workplace Relations Act

1996", substitute "(within the meaning of the Fair Work (Transitional

Provisions and Consequential Amendments) Act 2009: see item 4 of

Schedule 2 to that Act) or under the National Employment Standards

(within the meaning of the Fair Work Act 2009)".

11 Section 28 (note)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

12 Subparagraph 40J(1)(ab)(i)

Omit "certified agreement or collective agreement", substitute

"industrial agreement (however described)".

13 Subsection 69B(1)

Omit "Workplace Relations Act 1996 (other than Division 9 of Part 9 or

Part 16)", substitute "Fair Work Act 2009 (other than Part 3-1 or

Division 9 of Part 3-3)".

Note:

The heading to section 69B is altered by omitting "Workplace Relations Act" and

substituting "Fair Work Act".

Schedule 5 Attorney-General

Part 1 General consequential amend ments

50 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

14 Paragraph 69B(1)(b)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

15 Subsection 69B(2)

Omit "Workplace Relations Act 1996 (other than Division 4 of

Part 12)", substitute "Fair Work Act 2009 (other than Parts 3-1, 3-2, 6-1

and 6-4, and Division 2 of Part 3-6)".

16 Subsection 69B(3)

Omit "Workplace Relations Act 1996" (wherever occurring), substitute

"Fair Work Act 2009".

Bankruptcy Act 1966

17 Subsection 5(1)

Insert:

industrial instrument means:

(a) a law of the Commonwealth, a State or a Territory regulating

conditions of employment; or

(b) an award, determination or agreement made under such a

law.

18 Paragraph 109(1)(e)

Omit "an award or agreement, regulating conditions of employment, or

the Australian Fair Pay and Conditions Standard (within the meaning

given by the Workplace Relations Act 1996)", substitute "an industrial

instrument".

19 Subparagraph 139Y(1)(b)(i)

Repeal the subparagraph, substitute:

(i) in the case of employment where an industrial

instrument prescribes rates or minimum rates of salary

or wages for the employment--might reasonably be

expected to be or to have been received by the bankrupt

in respect of the employment by virtue of the industrial

instrument; or

Attorney-General Schedule 5

General consequential amendments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Crimes Act 1914

20 Section 85ZL (subparagraphs (c)(ii) and (iii) of the

definition of Commonwealth authority)

Repeal the subparagraphs, substitute:

(ii) an organisation registered, or an association recognised,

under the Fair Work (Registered Organisations) Act

2009, or a branch of such an organisation or association;

Criminal Code Act 1995

21 Dictionary in the Criminal Code (subparagraphs (a)(vi) and

(vii) of the definition of Commonwealth authority)

Repeal the subparagraphs.

22 Dictionary in the Criminal Code (after paragraph (aa) of

the definition of Commonwealth authority)

Insert:

(ab) an organisation registered, or an association recognised,

under the Fair Work (Registered Organisations) Act 2009; or

23 Dictionary in the Criminal Code (paragraph (n) of the

definition of Commonwealth public official)

After "individual", insert "(other than an official of a registered

industrial organisation)".

24 Dictionary in the Criminal Code (subparagraphs (n)(vi) and

(vii) of the definition of Commonwealth public official)

Repeal the subparagraphs.

25 Dictionary in the Criminal Code (paragraph (r) of the

definition of Commonwealth public official)

After "individual", insert "(other than an official of a registered

industrial organisation)".

26 Dictionary in the Criminal Code (subparagraph (r)(vi) of

the definition of Commonwealth public official)

Repeal the subparagraph.

Schedule 5 Attorney-General

Part 1 General consequential amend ments

52 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

27 Dictionary in the Criminal Code

Insert:

official of a registered industrial organisation means a person

who holds an office (within the meaning of the Fair Work Act

2009) in an organisation registered, or an association recognised,

under the Fair Work (Registered Organisations) Act 2009.

Disability Discrimination Act 1992

28 Subsection 4(1) (paragraph (c) of the definition of

Commonwealth law)

Omit "(b); or", substitute "(b).".

29 Subsection 4(1) (paragraph (d) of the definition of

Commonwealth law)

Repeal the paragraph.

30 Subsection 4(1) (definition of registered organisation)

Repeal the definition, substitute:

registered organisation means an organisation registered, or an

association recognised, under the Fair Work (Registered

Organisations) Act 2009.

Note:

The heading to section 20 is altered by omitting "Schedule 1B to the Workplace

Relations Act 1996" and substituting "the Fair Work (Registered Organisations) Act

2009".

31 Paragraph 21A(4)(b)

Omit "Workplace Relations Act 1996", substitute "Fair Work

(Registered Organisations) Act 2009".

Human Rights and Equal Opportunity Commission Act 1986

32 Subsection 3(1) (paragraph (a) of the definition of trade

union)

Repeal the paragraph, substitute:

(a) an association of employees that is registered as an

organisation, or recognised, under the Fair Work (Registered

Organisations) Act 2009; or

Attorney-General Schedule 5

General consequential amendments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Judges' Pensions Act 1968

33 Subsection 4(1) (paragraph (a) of the definition of

appropriate current judicial salary)

Omit "or (d)", substitute ", (d) or (e)".

34 Subsection 4(1) (paragraph (a) of the definition of

appropriate current judicial salary)

Omit "died;", substitute "died; and".

35 Subsection 4(1) (paragraph (b) of the definition of

appropriate current judicial salary)

Omit "Australia;", substitute "Australia; and".

36 Subsection 4(1) (at the end of the definition of appropriate

current judicial salary)

Add:

; and (e) in the case of a Judge who was a Presidential Member of the

Australian Industrial Relations Commission--the salary that

would be payable to the Judge if section 79 of the Workplace

Relations Act 1996 (as in force immediately before the repeal

of that section) continued to apply in relation to the Judge.

37 Paragraph 20(2)(a)

Omit "presidential members of the Australian Industrial Relations

Commission--to the Industrial Registrar", substitute "persons who were

Presidential Members of the Australian Industrial Relations

Commission or the President of Fair Work Australia--to the General

Manager of Fair Work Australia".

Judiciary Act 1903

38 Subsection 39B(2)

Omit all the words from and including "reference to" to and including

"Australia.", substitute "reference to a Judge or Judges of the Family

Court of Australia.".

Schedule 5 Attorney-General

Part 1 General consequential amend ments

54 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Jurisdiction of Courts (Cross-vesting) Act 1987

39 After paragraph 4(4)(aa)

Insert:

(ab) the Fair Work Act 2009; or

(ac) the Fair Work (Registered Organisations) Act 2009; or

(ad) the Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009; or

Jury Exemption Act 1965

40 The Schedule

Omit "Members of the Australian Industrial Relations Commission",

substitute "Members of Fair Work Australia".

41 The Schedule

Omit "Members of the Australian Fair Pay Commission".

Legislative Instruments Act 2003

42 Subsection 7(1) (table items 18, 18A and 19)

Repeal the items, substitute:

Fair wo rk instruments (within the meaning of the Fair Work

Act 2009)

18A

Transitional instru ments (within the meaning of the Fair Work

(Transitional Provisions and Consequential Amendments) Act

2009)

Decisions and orders of Fair Work Australia

19A

Orders made by the Australian Industrial Relations

Co mmission in proceedings under the Workplace Relations

Act 1996 or the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009

19B

Decisions of the Australian Fair Pay Co mmission

Northern Territory (Self-Government) Act 1978

43 Subsections 53(3) and (4)

Attorney-General Schedule 5

General consequential amendments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Omit "the Australian Industrial Relations Commission", substitute "Fair

Work Australia".

Note:

The heading to section 53 is altered by omitting "Workplace Relations Act 1996" and

substituting "Fair Work Act 2009".

44 Subsection 53(4)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

45 Subsection 53(4)

Omit "the Commission", substitute "Fair Work Australia".

46 After subsection 53(6)

Insert:

Note:

See section 40 of the Fair Work Act 2009 and regulations made under

subsection (2) of that section for the interaction between

determinations made under paragraph (6)(b) of this section and fair

work instruments (within the meaning of that Act).

47 Subsection 53(7)

Repeal the subsection.

Seat of Government (Administration) Act 1910

48 Subsections 5(3) and (4)

Omit "the Australian Industrial Relations Commission", substitute "Fair

Work Australia".

Note:

The heading to section 5 is altered by omitting "Workplace Relations Act 1996" and

substituting "Fair Work Act 2009".

49 Subsection 5(4)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

50 Subsection 5(4)

Omit "the Commission", substitute "Fair Work Australia".

51 Subsection 5(5)

Repeal the subsection.

Schedule 5 Attorney-General

Part 1 General consequential amend ments

56 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Sex Discrimination Act 1984

52 Subsection 4(1) (definition of committee of management)

Omit "organization" (wherever occurring), substitute "organisation".

53 Subsection 4(1) (paragraph (c) of the definition of

Commonwealth law)

Omit "(b); or", substitute "(b).".

54 Subsection 4(1) (paragraph (d) of the definition of

Commonwealth law)

Repeal the paragraph.

55 Subsection 4(1)

Insert:

registered organisation means an organisation registered, or an

association recognised, under the Fair Work (Registered

Organisations) Act 2009.

56 Subsection 4(1) (definition of registered organization)

Repeal the definition.

57 Subsection 4(1) (paragraph (b) of the definition of

voluntary body)

Omit "organization", substitute "organisation".

58 Section 19

Omit "organization" (wherever occurring), substitute "organisation".

Note:

The heading to section 19 is altered by omitting "Schedule 1B to the Workplace

Relations Act 1996" and substituting "the Fair Work (Registered Organisations) Act

2009".

59 Section 109

Repeal the section.

Attorney-General Schedule 5

Amend ments relating to discrimination in co mp liance with industrial instruments and

laws Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Part 2

Amendments relating to discrimination in

compliance with industrial instruments and

laws

Division 1

General

Age Discrimination Act 2004

60 Paragraph 39(8)(a)

Omit "decision", substitute "determination".

61 Paragraph 39(8)(b)

Repeal the paragraph, substitute:

(b) an instrument (an industrial instrument) that is:

(i) a fair work instrument (within the meaning of the Fair

Work Act 2009); or

(ii) a transitional instrument (within the meaning of the Fair

Work (Transitional Provisions and Consequential

Amendments) Act 2009).

62 Subsection 39(8) (note)

Repeal the note, substitute:

Note:

A person does not comply with an industrial instrument for the

purpose of this subsection if that person purports to comply with a

provision of that instrument that has no effect. Accordingly, the

exemption under this subsection for acting in direct compliance with

such an instrument would not apply in such circumstances.

63 Schedule 1 (after table item 25)

Insert:

25A

Fair Work Act 2009

25B

Fair Work (Registered Organisations) Act 2009

25C

Fair Work (Transitional Provisions and Consequential Amendments) Act

2009

64 Schedule 1 (table item 48)

Repeal the item.

Schedule 5 Attorney-General

Part 2 A mend ments relating to discrimination in co mp liance with industrial

instruments and laws

58 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Disability Discrimination Act 1992

65 Paragraph 47(1)(c)

Repeal the paragraph, substitute:

(i) a fair work instrument (within the meaning of the Fair

Work Act 2009); or

(ii) a transitional instrument (within the meaning of the Fair

Work (Transitional Provisions and Consequential

Amendments) Act 2009);

to the extent to which the industrial instrument has specific

provisions relating to the payment of rates of salary or wages

to persons, in circumstances in which:

(iii) if the persons were not in receipt of the salary or wages,

they would be eligible for a disability support pension;

and

(iv) the salary or wages are determined by reference to the

capacity of the person; or

66 Subsection 47(1) (note)

Repeal the note, substitute:

Note:

A person does not comply with an industrial instrument for the

purpose of this subsection if that person purports to comply with a

provision of that instrument that has no effect. Accordingly, the

exemption under this subsection for acting in direct compliance with

such an instrument would not apply in such circumstances.

Fair Work Act 2009

67 Section 12

Insert:

Disability Discrimination Commissioner means the Disability

Discrimination Commissioner appointed under the Disability

Discrimination Act 1992.

68 Subsection 161(2)

Repeal the subsection, substitute:

Attorney-General Schedule 5

Amend ments relating to discrimination in co mp liance with industrial instruments and

laws Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(2) The following are entitled to make submissions to FWA for

consideration in the review:

(a) if the referral relates to action that would be unlawful under

Part 4 of the Age Discrimination Act 2004--the Human

Rights and Equal Opportunity Commission;

(b) if the referral relates to action that would be unlawful under

Part 2 of the Disability Discrimination Act 1992--the

Disability Discrimination Commissioner;

Part II of the Sex Discrimination Act 1984--the Sex

Discrimination Commissioner.

69 Subsection 161(3)

Omit "Part II of the Sex Discrimination Act 1984", substitute "any of

the Acts referred to in subsection (2)".

70 Subsection 218(2)

Repeal the subsection, substitute:

(2) The following are entitled to make submissions to FWA for

consideration in the review:

(a) if the referral relates to action that would be unlawful under

Part 4 of the Age Discrimination Act 2004--the Human

Rights and Equal Opportunity Commission;

(b) if the referral relates to action that would be unlawful under

Part 2 of the Disability Discrimination Act 1992--the

Disability Discrimination Commissioner;

Part II of the Sex Discrimination Act 1984--the Sex

Discrimination Commissioner.

71 Subsection 218(3)

Omit "Part II of the Sex Discrimination Act 1984", substitute "any of

the Acts referred to in subsection (2)".

72 Paragraph 279(2)(f)

Omit "agreements)", substitute "agreements) other than section 218

(which deals with variation of an enterprise agreement on referral by

HREOC)".

Schedule 5 Attorney-General

Part 2 A mend ments relating to discrimination in co mp liance with indus trial

instruments and laws

60 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Human Rights and Equal Opportunity Commission Act 1986

73 Subsections 46PW(3) and (5)

Omit "Australian Industrial Relations Commission", substitute "Fair

Work Australia".

Note:

The heading to section 46PW is altered by omitting "Australian Industrial Relations

Commission" and substituting "Fair Work Australia".

74 Subsection 46PW(7) (definition of discriminatory act

under an industrial instrument)

Repeal the definition, substitute:

discriminatory act under an industrial instrument means an act

that would be unlawful under:

(a) Part 4 of the Age Discrimination Act 2004; or

(b) Part 2 of the Disability Discrimination Act 1992; or

but for the fact that the act was done in direct compliance with an

industrial instrument.

75 Subsection 46PW(7) (definition of industrial instrument)

Repeal the definition, substitute:

industrial instrument means:

(a) a fair work instrument (within the meaning of the Fair Work

Act 2009); or

(b) a transitional instrument (within the meaning of the Fair

Work (Transitional Provisions and Consequential

Amendments) Act 2009).

Sex Discrimination Act 1984

76 Paragraph 40(1)(e)

After "order", insert ", determination".

77 Paragraph 40(1)(f)

Repeal the paragraph.

78 Paragraph 40(1)(g)

Attorney-General Schedule 5

Amend ments relating to discrimination in co mp liance with industrial instruments and

laws Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Repeal the paragraph, substitute:

(g) an instrument (an industrial instrument) that is:

(i) a fair work instrument (within the meaning of the Fair

Work Act 2009); or

(ii) a transitional instrument (within the meaning of the Fair

Work (Transitional Provisions and Consequential

Amendments) Act 2009).

79 Subsection 40(1) (note)

Repeal the note, substitute:

Note:

A person does not comply with an industrial instrument for the

purpose of this subsection if that person purports to comply with a

provision of that instrument that has no effect. Accordingly, the

exemption under this subsection for acting in direct compliance with

such an instrument would not apply in such circumstances.

Division 2

Amendments relating to HREOC name

change

Fair Work Act 2009

80 Paragraph 161(2)(a)

Omit "Human Rights and Equal Opportunity Commission", substitute

"Australian Human Rights Commission".

81 Paragraph 218(2)(a)

Omit "Human Rights and Equal Opportunity Commission", substitute

"Australian Human Rights Commission".

82 Paragraph 279(2)(f)

Omit "HREOC", substitute "the Australian Human Rights

Commission".

Schedule 5 Attorney-General

Part 3 Application provisions

62 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Part 3

Application provisions

83 Application of item 5

Despite the amendment made by item 5 of this Schedule, section 19A of

the Australian Crime Commission Act 2002 continues to apply, on and

after the WR Act repeal day, in relation to the Australian Industrial

Relations Commission as it continues in existence because of the Fair

Work (Transitional Provisions and Consequential Amendments) Act

2009, as if that amendment had not been made.

84 Application of item 29

Despite the amendment made by item 29 of this Schedule, the Disability

Discrimination Act 1992, as in force immediately before the WR Act

repeal day, continues to apply in relation to a decision of the Australian

Fair Pay Commission, whether made before or after that day.

85 Application of item 38

(1)

The amendment made by item 38 of this Schedule applies in relation to

any matter in which a writ of mandamus or prohibition or an injunction

is sought, on or after the WR Act repeal day, against an officer or

officers of the Commonwealth in relation to a decision made (whether

before or after that day) by the officer or officers in the capacity of a

person who holds office under the Fair Work Act 2009.

(2)

Despite the amendment made by item 38 of this Schedule, subsection

39B(2) of the Judiciary Act 1903, as in force immediately before the

WR Act repeal day, continues to apply in relation to any matter in

which a writ of mandamus or prohibition or an injunction is sought, on

or after that day, against an officer or officers of the Commonwealth in

relation to a decision made (whether before or after that day) by the

officer or officers in the capacity of a person who holds office under the

Workplace Relations Act 1996.

86 Application of items 40 and 41

Attorney-General Schedule 5

Application provisions Part 3

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Despite the amendments made by items 40 and 41 of this Schedule, the

Jury Exemption Act 1965, as in force immediately before the

commencement of those items, continues to apply, on and after that

commencement, in relation to members of the Australian Industrial

Relations Commission and the Australian Fair Pay Commission, as

those members continue to hold office because of the Fair Work

(Transitional Provisions and Consequential Amendments) Act 2009, as

if those amendments had not been made.

87 Application of item 54

Despite the amendment made by item 54 of this Schedule, the Sex

Discrimination Act 1984, as in force immediately before the WR Act

repeal day, continues to apply, in relation to a decision of the Australian

Fair Pay Commission (whether made before or after that day), as if that

amendment had not been made.

88 Application of item 77

Despite the amendment made by item 77 of this Schedule, subsection

40(1) of the Sex Discrimination Act 1984, as in force immediately

before the commencement of that amendment, continues to apply on

and after that commencement in relation to a decision of the Australian

Fair Pay Commission made before that commencement.

Schedule 6 Broadband, Co mmunications and the Digital Econo my

64 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Schedule 6

Broadband, Communications

and the Digital Economy

Telstra Corporation Act 1991

1 Subsection 9A(2) (definition of industrial instrument)

Repeal the definition.

2 Subsection 9A(2) (paragraph (b) of the definition of law)

Omit "or industrial instrument", substitute ", award or industrial

agreement".

3 Subsection 9A(2) (definition of post-sale long service leave

rights)

Omit "or industrial instrument", substitute ", award, industrial

agreement".

Defence Schedule 7

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Schedule 7

Defence

Naval Defence Act 1910

1 Subsection 40(1) (definition of Australian Fair Pay and

Conditions Standard)

Repeal the definition.

2 Subsection 40(1)

Insert:

National Employment Standards has the meaning given by the

Fair Work Act 2009.

3 Subsection 40(1) (definition of industrial award)

Repeal the definition.

4 Subsection 42A(7)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

5 Subsection 42D(3)

Omit "(other than the Australian Fair Pay and Conditions Standard or

an industrial award)", substitute ", but subject to the National

Employment Standards and any relevant national minimum wage order

or industrial award".

Schedule 8 Education, Employ ment and Workplace Relations

Part 1 Consequential amendments

66 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Schedule 8

Education, Employment and

Workplace Relations

Part 1

Consequential amendments

Air Passenger Ticket Levy (Collection) Act 2001

1 Section 5 (definition of Workplace Relations Minister)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

Building and Construction Industry Improvement Act 2005

2 Subsection 4(1) (definition of Australian Fair Pay and

Conditions Standard)

Omit all the words after "has", substitute "the same meaning as in the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009.".

3 Subsection 4(1) (definition of AWA)

Omit all the words after "has", substitute "the same meaning as in the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009.".

4 Subsection 4(1) (definition of award)

Omit all the words after "has", substitute "the same meaning as in the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009.".

5 Subsection 4(1)

Insert:

bargaining representative has the same meaning as in the FW Act.

6 Subsection 4(1) (definition of building agreement)

Repeal the definition.

Education, Emp loyment and Workplace Relations Schedule 8

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

7 Subsection 4(1) (definition of building collective

agreement)

Repeal the definition.

8 Subsection 4(1)

Insert:

building enterprise agreement means an enterprise agreement that

applies to building work (whether or not it also applies to other

work).

9 Subsection 4(1) (at the end of the definition of

Commonwealth industrial instrument)

Add:

; (f) a fair work instrument;

(g) the National Employment Standards.

10 Subsection 4(1) (paragraph (a) of the definition of

designated building law)

Omit "or the Workplace Relations Act", substitute ", the FW Act or the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009".

11 Subsection 4(1) (definition of employee organisation)

Omit "within the meaning of the Workplace Relations Act".

12 Subsection 4(1)

Insert:

enterprise agreement has the same meaning as in the FW Act.

13 Subsection 4(1)

Insert:

fair work instrument has the same meaning as in the FW Act.

14 Subsection 4(1)

Insert:

FWA has the same meaning as in the FW Act.

Schedule 8 Education, Employ ment and Workplace Relations

Part 1 Consequential amendments

68 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

15 Subsection 4(1)

Insert:

FW Act means the Fair Work Act 2009.

16 Subsection 4(1)

Insert:

independent contractor has the same meaning as in the FW Act.

17 Subsection 4(1) (definition of industrial association)

Repeal the definition, substitute:

industrial association means:

(a) an association of employees or independent contractors, or

both, or an association of employers, that is registered or

recognised as such an association (however described) under

a workplace law (within the meaning of the FW Act); or

(b) an association of employees, or independent contractors, or

both, a purpose of which is the protection and promotion of

their interests in matters concerning their employment, or

their interests as independent contractors (as the case may

be); or

the protection and promotion of their interests in matters

concerning employment, independent contractors or both;

and includes:

(d) a branch of such an association; and

(e) an organisation; and

(f) a branch of an organisation.

18 Subsection 4(1) (definition of industrial body)

Repeal the definition, substitute:

industrial body has the same meaning as in the FW Act.

19 Subsection 4(1) (definition of industrial dispute)

Repeal the definition.

Education, Emp loyment and Workplace Relations Schedule 8

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

20 Subsection 4(1) (paragraph (a) of the definition of

industrial law)

Omit "or the Workplace Relations Act", substitute ", the FW Act or the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009".

21 Subsection 4(1) (definition of Industrial Registrar)

Repeal the definition.

22 Subsection 4(1)

Insert:

National Employment Standards has the same meaning as in the

FW Act.

23 Subsection 4(1) (definition of negotiating party)

Repeal the definition.

24 Subsection 4(1) (definition of occupier)

Omit "meaning given by section 4 of the Workplace Relations Act",

substitute "same meaning as in the FW Act".

25 Subsection 4(1) (definition of organisation)

Omit "meaning given by the Workplace Relations Act", substitute

"same meaning as in the Fair Work (Registered Organisations) Act

2009".

26 Subsection 4(1) (definition of premises)

Omit "meaning given by section 4 of the Workplace Relations Act",

substitute "same meaning as in the FW Act".

27 Subsection 4(1) (definition of pre-reform AWA)

Omit all the words after "has", substitute "the same meaning as in the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009.".

28 Subsection 4(1) (definition of pre-reform certified

agreement)

Schedule 8 Education, Employ ment and Workplace Relations

Part 1 Consequential amendments

70 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Omit all the words after "has", substitute "the same meaning as in the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009.".

29 Subsection 4(1)

Insert:

protected industrial action has the same meaning as in the FW

Act.

30 Subsection 4(1) (definition of workplace agreement)

Omit "has the meaning given by the Workplace Relations Act",

substitute "means a workplace agreement within the meaning of the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009".

31 Subparagraph 10(a)(i)

Omit "and the Workplace Relations Act", substitute ", the FW Act and

the Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009".

32 Subparagraph 10(b)(i)

Omit "the Workplace Relations Act", substitute "the FW Act, the Fair

Work (Transitional Provisions and Consequential Amendments) Act

2009".

33 Paragraph 10(c)

After "proceedings", insert ", or making submissions,".

34 Paragraph 10(d)

Omit "and the Workplace Relations Act", substitute ", the FW Act and

the Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009".

35 Paragraph 10(e)

Omit "or the Workplace Relations Act" (wherever occurring), substitute

", the FW Act or the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009".

36 Paragraph 10(f)

Education, Emp loyment and Workplace Relations Schedule 8

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Omit "the Workplace Relations Act", substitute "the FW Act, the Fair

Work (Transitional Provisions and Consequential Amendments) Act

2009".

37 Subsection 36(1) (paragraph (c) of the definition of

constitutionally-connected action)

Repeal the paragraph.

38 Subsection 36(1) (paragraph (e) of the definition of

constitutionally-connected action)

Omit all the words after "relates to", substitute "the bargaining or

proposed bargaining for, or the making or proposed making of, an

enterprise agreement".

39 Subsection 36(1) (definition of excluded action)

Omit all the words after "protected", substitute "industrial action (as

affected by Part 3 of this Chapter)".

40 Subsection 36(4) (paragraph (e) of the definition of

industrial dispute)

Omit "under an industrial law".

41 Part 3 of Chapter 5 (heading)

Repeal the heading, substitute:

Part 3--Protected industrial action

42 Subsection 40(1)

Omit "building agreement is not protected action for the purposes of the

Workplace Relations Act", substitute "building enterprise agreement is

not protected industrial action".

43 Subsection 40(2) (paragraph (a) of the definition of

protected person)

Omit "negotiating party to", substitute "bargaining representative for".

44 Subsection 40(2) (paragraph (b) of the definition of

protected person)

Schedule 8 Education, Employ ment and Workplace Relations

Part 1 Consequential amendments

72 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Omit "whose employment will be subject to", substitute "who will be

covered by".

45 Subsection 40(2) (paragraph (d) of the definition of

protected person)

Omit "negotiating party to", substitute "bargaining representative for".

46 Section 41

Repeal the section.

47 Subsection 42(1)

Omit "Division 9 of Part 9 of the Workplace Relations Act", substitute

"Division 9 of Part 3-3 of the FW Act (which deals with payments for

periods of industrial action)".

48 Paragraph 42(1)(b)

Repeal the paragraph, substitute:

(b) if the person who contravenes a civil remedy provision to

which table item 21, 22, 23 or 24 of the table set out in

section 539 of the FW Act relates is a body corporate--then,

for the purposes of paragraph 546(2)(b) of that Act, the

pecuniary penalty must not be more than 1,000 penalty units.

49 Subsection 42(2)

Omit "Division 9 of Part 9 of the Workplace Relations Act", substitute

"Division 9 of Part 3-3 of the FW Act (which deals with payments for

periods of industrial action)".

50 Paragraph 44(1)(c)

Omit "building agreement under Part 8 of the Workplace Relations

Act", substitute "building enterprise agreement".

Note:

The heading to section 44 is altered by omitting "collective" and substituting

"enterprise".

51 Subsection 44(2)

Omit "protected action for the purposes of the Workplace Relations

Act", substitute "protected industrial action".

52 Subsection 44(3)

Education, Emp loyment and Workplace Relations Schedule 8

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Omit all the words from and including "the employer" (first occurring),

to and including "request" (last occurring), substitute "the employer in

relation to who is to be, or is not to be , the employee's bargaining

representative".

53 Subsection 44(4)

Omit all the words from and including "the employer" (first occurring)

to and including "request" (last occurring), substitute "the employer in

relation to who is to be, or is not to be, the employee's bargaining

representative".

54 Subsection 44(5)

Repeal the subsection, substitute:

(5) To the extent that section 343 of the FW Act relates to:

(a) the making, varying or terminating of an enterprise

agreement; or

(b) the appointment, or termination of appointment, of a

bargaining representative for an enterprise agreement;

that section does not apply if the agreement is a building enterprise

agreement.

55 At the end of paragraph 45(1)(a)

Add:

(v) the National Employment Standards; or

56 At the end of paragraph 45(1)(b)

Add:

; or (v) the National Employment Standards.

57 Subsection 45(1) (example for subparagraphs (1)(a)(ii) and

(1)(b)(ii))

Repeal the example.

58 Subsection 45(2)

Omit "protected action for the purposes of the Workplace Relations

Act", substitute "protected industrial action".

59 Paragraph 45(4)(a)

Schedule 8 Education, Employ ment and Workplace Relations

Part 1 Consequential amendments

74 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Omit "or pre-reform AWA", substitute ", pre-reform AWA or fair work

instrument".

60 Subsection 46(2)

Omit "protected action for the purposes of the Workplace Relations

Act", substitute "protected industrial action".

61 Subsection 50(4)

Repeal the subsection.

62 Subsection 64(1)

Omit "(1)".

63 Paragraph 64(1)(d)

Repeal the paragraph, substitute:

(d) the agreement has not been not approved by FWA (within the

meaning of the FW Act);

64 Subsection 64(2)

Repeal the subsection.

65 Subsection 65(8) (paragraph (j) of the definition of

designated official)

Repeal the paragraph, substitute:

(j) the General Manager of FWA;

66 Paragraph 67(c)

Omit "or the Workplace Relations Act", substitute ", the FW Act or the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009".

67 Paragraph 71(1)(b)

Omit "or the Workplace Relations Act", substitute ", the FW Act or the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009".

68 Section 72

Education, Emp loyment and Workplace Relations Schedule 8

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Omit "Industrial Registrar, intervene in a matter before the AIRC that

arises under the Workplace Relations Act", substitute "General

Manager of FWA, make a submission in a matter before FWA that

arises under the FW Act or the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009".

Note:

The heading to section 72 is altered by omitting "intervention in AIRC" and

substituting "may make submissions in FWA".

69 Subsection 73(1)

Omit "Workplace Relations Act, or of an instrument under that Act,

authorises a workplace inspector (within the meaning of that Act)",

substitute "FW Act, the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009 or of an instrument under either

of those Acts, authorises a Fair Work Inspector (within the meaning of

the FW Act)".

Note 1: The heading to section 73 is altered by omitting "Workplace Relations Act" and

substituting "FW Act, etc.".

Note 2: The heading to subsection 73(1) is altered by omitting "workplace inspectors under the

Workplace Relations Act" and substituting "Fair Work Inspectors under the FW Act,

etc.".

70 Paragraph 73(1)(a)

Omit "the AIRC", substitute "FWA".

71 Subsection 73(2)

Omit "the Workplace Relations Act", substitute "the FW Act, the Fair

Work (Transitional Provisions and Consequential Amendments) Act

2009".

72 Subsection 73(2)

Omit "workplace inspector (within the meaning of that Act)", substitute

"Fair Work Inspector (within the meaning of the FW Act)".

73 Subsection 73(3)

Omit "subsection 167(7) of the Workplace Relations Act", substitute

"section 704 or 705 of the FW Act".

74 Subsections 73(4) and (5)

Repeal the subsections.

Schedule 8 Education, Employ ment and Workplace Relations

Part 1 Consequential amendments

76 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

75 Subsection 73A(3)

Omit "subsection 167(7) of the Workplace Relations Act", substitute

"section 704 or 705 of the FW Act".

76 Section 74

Omit "Industrial Registrar" (first occurring), substitute "General

Manager of FWA".

Note:

The heading to section 74 is altered by omitting "Industrial Registrar" and substituting

"General Manager of FWA".

77 Paragraph 74(a)

Omit "the AIRC, or the Industrial Registrar, under the Workplace

Relations Act", substitute "FWA, or the General Manager of FWA

under the FW Act or the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009".

78 Paragraph 75(3)(a)

Omit "Workplace Relations Act", substitute "FW Act".

Note:

The heading to subsection 75(3) is altered by omitting "Workplace Relations" and

substituting "FW".

79 Subsection 75(4)

Omit "Subsections 412(2) and (3), and subsection 415(1), of the

Workplace Relations Act", substitute "Paragraph 563(b) of the FW Act

and paragraph 22(b) of Schedule 17 to the Fair Work (Transitional

Provisions and Consequential Amendments) Act 2009".

80 After section 75

Insert:

75A Exercising jurisdiction in the Fair Work Division of the Fede ral

Court

(1) This section applies if:

(a) an application is made to the Federal Court under this Act; or

(b) a writ of mandamus or prohibition or an injunction is sought

in the Federal Court against a person holding office under

this Act; or

Education, Emp loyment and Workplace Relations Schedule 8

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

of Australia Act 1976 in relation to a matter arising under this

Act; or

(d) an injunction is sought under section 23 of the Federal Court

of Australia Act 1976 in relation to a matter arising under this

Act; or

(e) a prosecution is instituted in the Federal Court under this Act;

(f) an appeal is instituted in the Federal Court from a judgment

of the Federal Magistrates Court or a court of a State or

Territory in a matter arising under this Act; or

(g) proceedings in relation to a matter arising under this Act are

transferred to the Federal Court from the Federal Magistrates

Court; or

(h) the Federal Magistrates Court or a court of a State or

Territory states a case or reserves a question for the

consideration of the Federal Court in a matter arising under

this Act; or

(i) the High Court remits a matter arising under this Act to the

Federal Court.

(2) The jurisdiction of the Federal Court is to be exercised in the Fair

Work Division of the Federal Court.

75B Exercising jurisdiction in the Fair Work Division of the Federal

Magistrates Court

(1) This section applies if:

(a) an application is made to the Federal Magistrates Court under

this Act; or

(b) an injunction is sought under section 15 of the Federal

Magistrates Act 1999 in relation to a matter arising under this

Act; or

Magistrates Act 1999 in relation to a matter arising under this

Act; or

(d) proceedings in relation to a matter arising under this Act are

transferred to the Federal Magistrates Court from the Federal

Court; or

Schedule 8 Education, Employ ment and Workplace Relations

Part 1 Consequential amendments

78 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(e) the High Court remits a matter arising under this Act to the

Federal Magistrates Court.

(2) The jurisdiction of the Federal Magistrates Court is to be exercised

in the Fair Work Division of the Federal Magistrates Court.

81 Paragraph 76(b)

Omit "Workplace Relations Act", substitute "FW Act or the Fair Work

(Transitional Provisions and Consequential Amendments) Act 2009".

82 Paragraph 77(1)(b)

Omit "or the Workplace Relations Act", substitute ", the FW Act or the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009".

83 Subsection 77(2) (paragraph (j) of the definition of

protected person)

Omit "Industrial Registrar", substitute "General Manager of FWA".

84 Subparagraph 78(2)(d)(i)

Omit "or the Workplace Relations Act", substitute ", the FW Act or the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009".

Coal Mining Industry (Long Service Leave Funding) Act

1992

85 Subsection 4(1) (definition of Australian Fair Pay and

Conditions Standard)

Repeal the definition.

86 Subsection 4(1) (paragraph (a) of the definition of eligible

employee)

Omit "Australian Fair Pay and Conditions Standard", substitute

"National Employment Standards".

87 Subsection 4(1) (definition of industrial authority)

Education, Emp loyment and Workplace Relations Schedule 8

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Omit "the Australian Industrial Relations Commission, the Workplace

Authority Director, the Employment Advocate", substitute "Fair Work

Australia,".

88 Subsection 4(1)

Insert:

National Employment Standards has the same meaning as in the

Fair Work Act 2009.

89 Subsection 4(1) (paragraph (a) of the definition of relevant

industrial instrument)

Repeal the paragraph, substitute:

(a) an award made by, or registered with, an industrial authority;

90 Subsection 4(1) (paragraphs (d) to (f) of the definition of

relevant industrial instrument)

Repeal the paragraphs, substitute:

(d) an agreement approved by, or registered with, an industrial

authority;

Defence Act 1903

91 Section 58F

Insert:

Fair Work Australia means the body established by section 575 of

the Fair Work Act 2009.

92 Section 58F

Insert:

FWA means Fair Work Australia.

93 Section 58F (definition of presidential member of the

Commission)

Repeal the definition.

94 Subsection 58G(4)

Schedule 8 Education, Employ ment and Workplace Relations

Part 1 Consequential amendments

80 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Omit "presidential member of the Commission", substitute "Deputy

President of FWA".

95 Subsection 58K(7)

Omit all the words from and including "to any decision" to the end,

substitute:

to:

(a) any decision of, or principles established by, FWA that is or

are relevant to the making of the determination; or

(b) if FWA has not yet made any such decision or established

any such principles, any decision of, or principles established

by, the Commission that is or are relevant to the making of

the determination.

96 Subsection 58KB(4)

Omit all the words from and including "to any decision" to the end,

substitute:

to:

(a) any decision of, or principles established by, FWA that is or

are relevant to the making of the determination; or

(b) if FWA has not yet made any such decision or established

any such principles, any decision of, or principles established

by, the Commission that is or are relevant to the making of

the determination.

97 Paragraph 58L(2)(c)

Omit "presidential member of the Commission", substitute "Deputy

President of FWA".

Long Service Leave (Commonwealth Employees) Act 1976

98 Paragraph 12(11)(a)

Omit "Workplace Relations Act 1996", substitute "Fair Work

(Registered Organisations) Act 2009".

99 At the end of subsection 15(1)

Add:

Education, Emp loyment and Workplace Relations Schedule 8

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

; and (e) does not prevent the making of an award, order, agreement or

determination under the Fair Work Act 2009 in relation to

long service leave for maritime employees included in a

prescribed class of maritime employees, or affect the

operation of such an award, order, agreement or

determination.

100 Subsection 15(4) (definition of maritime employee)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

Maternity Leave (Commonwealth Employees) Act 1973

101 Section 8

Omit "Sections 280 and 281 of the Workplace Relations Act 1996

apply", substitute "Section 84 of the Fair Work Act 2009 applies".

Occupational Health and Safety Act 1991

102 Subsection 5(1) (paragraph (a) of the definition of

registered organisation)

Repeal the paragraph, substitute:

(a) an association that is registered or recognised under the Fair

Work (Registered Organisations) Act 2009; or

Occupational Health and Safety (Maritime Industry) Act

1993

103 Section 4 (paragraph (a) of the definition of registered

union)

Repeal the paragraph, substitute:

(a) an association of employees that is registered or recognised

under the Fair Work (Registered Organisations) Act 2009; or

Remuneration Tribunal Act 1973

104 Paragraph 3(4)(j)

Repeal the paragraph, substitute:

Schedule 8 Education, Employ ment and Workplace Relations

Part 1 Consequential amendments

82 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(j) the office of President of Fair Work Australia;

105 Paragraphs 5(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) national minimum wage orders made by Fair Work Australia;

(b) if Fair Work Australia has not yet made its first national

minimum wage order--the last wage-setting decision of the

Australian Fair Pay Commission.

106 Subsection 7(4B)

Omit "members of the Australian Industrial Relations Commission

established under section 8 of the Workplace Relations Act 1996",

substitute "the President of Fair Work Australia".

107 Subsection 7(4C)

Repeal the subsection.

108 Paragraph 7(9)(af)

Repeal the paragraph.

Safety, Rehabilitation and Compensation Act 1988

109 Paragraph 52(6)(b)

After "award", insert ", determination".

110 Subsection 116(1)

Omit "award", substitute "industrial award, determination or

agreement".

Seafarers Rehabilitation and Compensation Act 1992

111 Section 3 (definition of Australian Fair Pay and

Conditions Standard)

Repeal the definition.

112 Section 3 (definition of collective agreement)

Repeal the definition.

Education, Emp loyment and Workplace Relations Schedule 8

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

113 Section 3

Insert:

individual industrial agreement means an industrial agreement

that applies to only one employee.

114 Section 3

Insert:

industrial instrument:

(a) includes an industrial award, determination or agreement; but

(b) does not include an individual industrial agreement.

115 Section 3

Insert:

National Employment Standards has the same meaning as in the

Fair Work Act 2009.

116 Section 3 (definition of pre-reform certified agreement)

Repeal the definition.

117 Subsection 13(2)

Omit "award, determination, collective agreement, pre-reform certified

agreement or the Australian Fair Pay and Conditions Standard",

substitute "industrial instrument or National Employment Standards".

118 Subsection 13(3)

Omit "a certified agreement", substitute "an industrial instrument".

119 Subsection 13(5)

Omit "award, determination, collective agreement, pre-reform certified

agreement or the Australian Fair Pay and Conditions Standard or",

substitute "industrial instrument, the National Employment Standards or

a".

120 Paragraph 13(6)(b)

Schedule 8 Education, Employ ment and Workplace Relations

Part 1 Consequential amendments

84 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Omit "award, determination, collective agreement, pre-reform certified

agreement or the Australian Fair Pay and Conditions Standard",

substitute "industrial instrument or the National Employment

Standards".

121 Paragraph 31(14)(a)

Omit "award, determination, collective agreement, pre-reform certified

agreement or the Australian Fair Pay and Conditions Standard that

applies", substitute "industrial instrument or National Employment

Standards that apply".

122 Subsection 61(6) (definition of award)

Omit "determination or order", substitute "determination, order or

agreement".

123 Subsection 61(6) (definition of award)

Omit "award or order made", substitute "award, determination or order

made, or agreement entered into,".

124 Subsection 78(7) (definition of industry panel)

Omit "a collective agreement or a pre-reform certified agreement",

substitute "an industrial agreement".

125 Section 137

Omit "award, determination, collective agreement or pre-reform

certified agreement", substitute "industrial instrument or National

Employment Standards".

Social Security Act 1991

126 Section 16C

Repeal the section.

127 Subsection 23(1) (definition of applicable statutory

conditions)

Omit "has the meaning given by section 16C", substitute ", in relation

to particular work, means the minimum terms and conditions of

employment (including wages) applicable under law in relation to that

work".

Education, Emp loyment and Workplace Relations Schedule 8

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

128 Subsection 23(1) (definition of Australian Fair Pay and

Conditions Standard)

Repeal the definition.

129 Subsection 23(1) (definition of relevant minimum wage)

Omit all the words after "means", substitute "the minimum wage

payable to the employee under law".

130 Paragraph 120(d)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

131 Paragraph 501D(4)(d)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

132 Paragraph 544B(8)(d)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

133 Paragraphs 553A(4)(a) to (c)

Repeal the paragraphs, substitute:

(a) a prescribed State industrial authority within the meaning of

the Fair Work Act 2009; or

(b) Fair Work Australia or the Australian Industrial Relations

Commission; or

(d) the Federal Magistrates Court;

134 Subsection 596(4)

Omit "by a State industrial authority, the Australian Industrial Relations

Commission, the Federal Court or the Federal Magistrates Court,",

substitute:

by:

(a) a prescribed State industrial authority within the meaning of

the Fair Work Act 2009; or

(b) Fair Work Australia or the Australian Industrial Relations

Commission; or

Schedule 8 Education, Employ ment and Workplace Relations

Part 1 Consequential amendments

86 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(d) the Federal Magistrates Court;

135 Subsection 596(4) (note)

Repeal the note.

136 Paragraph 631C(d)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

137 Subsection 660XBE(4)

Omit "by a State industrial authority, the Australian Industrial Relations

Commission, the Federal Court or the Federal Magistrates Court,",

substitute:

by:

(a) a prescribed State industrial authority within the meaning of

the Fair Work Act 2009; or

(b) Fair Work Australia or the Australian Industrial Relations

Commission; or

(d) the Federal Magistrates Court;

138 Subsection 660XBE(4) (note)

Repeal the note.

139 Paragraph 745L(d)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

140 Subsection 771HB(4)

Omit "by a State industrial authority, the Australian Industrial Relations

Commission, the Federal Court or the Federal Magistrates Court,",

substitute:

by:

(a) a prescribed State industrial authority within the meaning of

the Fair Work Act 2009; or

(b) Fair Work Australia or the Australian Industrial Relations

Commission; or

Education, Emp loyment and Workplace Relations Schedule 8

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(d) the Federal Magistrates Court;

141 Subsection 771HB(4) (note)

Repeal the note.

142 Paragraph 954A(1)(f)

Omit all the words after "above", substitute "the relevant minimum

wage; and".

143 Paragraph 1061PB(2)(a)

Omit "AFPCS", substitute "National Employment Standards".

144 Subsection 1061PB(6) (definition of AFPCS)

Repeal the definition.

145 Subsection 1061PB(6) (definition of industrial

instrument)

After "award", insert ", determination".

146 Subsection 1061PB(6)

Insert:

National Employment Standards has the same meaning as in the

Fair Work Act 2009.

147 Subparagraph 1067A(10)(c)(i)

Omit "the Australian Pay and Classification Scale", substitute "a

transitional Australian Pay and Classification Scale or modern award".

148 Subparagraph 1067A(10)(c)(ii)

Omit "the Australian Fair Pay Commission", substitute "Fair Work

Australia".

149 Paragraph 1188BB(d)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

Schedule 8 Education, Employ ment and Workplace Relations

Part 1 Consequential amendments

88 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Tradesmen's Rights Regulation Act 1946

150 Section 6 (definition of Australian Pay and Classification

Scale)

Repeal the definition.

151 Section 6 (definition of award)

Repeal the definition.

152 Section 6 (definition of industrial agreement)

Repeal the definition.

153 Subsections 33E(6) and 41(6) and (7)

Omit "Australian Pay and Classification Scale, the appropriate",

substitute "standard, pay or classification scale,".

United States Naval Communication Station (Civilian

Employees) Act 1968

154 Paragraph 4(b)

Omit "within the meaning of Schedule 1B to the Workplace Relations

Act 1996", substitute "registered under, or association recognised by,

the Fair Work (Registered Organisations) Act 2009".

Education, Emp loyment and Workplace Relations Schedule 8

Transitional provisions Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Part 2

Transitional provisions

Division 1

Provisions relating to the Building and

Construction Industry Improvement Act 2005

155 General transitional provision relating to functions and

powers of the ABC Commissioner and ABC inspectors

If the Building and Construction Industry Improvement Act 2005

confers a function or power on the ABC Commissioner or an ABC

inspector in relation to the Fair Work Act 2009, the Building and

Construction Industry Improvement Act 2005 has effect, on and after

the WR Act repeal day, as if the function or power were also conferred

in relation to:

(a) the Workplace Relations Act 1996 as in force before the WR

Act repeal day; and

(b) the Workplace Relations Act 1996 as continued in force after

the WR Act repeal day by the Fair Work (Transitional

Provisions and Consequential Amendments) Act 2009.

156 Transitional provision relating to paragraph 44(1)(c)

Despite the amendment of paragraph 44(1)(c) of the Building and

Construction Industry Improvement Act 2005 made by item 50 of this

Schedule, that paragraph applies, in relation to a building agreement

made before the WR Act repeal day as if it referred to that agreement.

157 Transitional provision relating to paragraph 64(1)(d)

Despite the repeal of paragraph 64(1)(d) of the Building and

Construction Industry Improvement Act 2005 by item 63 of this

Schedule, that paragraph continues to apply, in relation to an agreement

entered into before the WR Act repeal day, as if it had not been

repealed.

158 Transitional provisions relating to the Industrial

Registrar

(1)

Section 65 of the Building and Construction Industry Improvement Act

2005 applies, on and after the WR Act repeal day, in relation to the

Industrial Registrar as if the Industrial Registrar were a designated

person.

Schedule 8 Education, Employ ment and Workplace Relations

Part 2 Transitional provisions

90 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(2)

Section 74 of the Building and Construction Industry Improvement Act

2005, as in force immediately before the WR Act repeal day, continues

to apply in relation to an application lodged before that day.

(3)

Subsection 77(2) of the Building and Construction Industry

Improvement Act 2005 applies, on and after the WR Act repeal day, in

relation to the Industrial Registrar as if the Industrial Registrar were a

protected person.

Division 2

Provision relating to the Defence Act 1903

159 Transitional provision relating to the appointment of the

President of the Defence Force Remuneration Tribunal

(1)

Despite the amendment made by item 94, an appointment as President

of the Defence Force Remuneration Tribunal in effect under

section 58G of the Defence Act 1903 immediately before the

commencement of that amendment continues in effect on and after that

commencement, subject to:

(a) its terms; and

(b) the amendments made by this Schedule.

(2)

However, for the purposes of an appointment continued in effect by

subitem (1), the requirement in paragraph 58L(2)(c) of the Defence Act

1903 (as amended by this Act) that the President of the Defence Force

Remuneration Tribunal be a Deputy President of FWA may be met

instead by the President being a presidential member of the Commission

(within the meaning of section 58F of the Defence Act 1903 as in force

immediately before the commencement of item 93).

Division 3

Provisions relating to the Remuneration

Tribunal Act 1973

160 Transitional provision relating to section 3

(1)

Despite the repeal of paragraph 3(4)(j) of the Remuneration Tribunal

Act 1973 by item 104, that paragraph, as in force immediately before

that repeal, continues to apply in relation to an office of member of the

Australian Industrial Relations Commission until that Commission

ceases to exist.

(2)

The reference in paragraph 3(4)(j) of the Remuneration Tribunal Act

1973, as substituted by item 104, to the office of President of Fair Work

Education, Emp loyment and Workplace Relations Schedule 8

Transitional provisions Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Australia is taken to include a reference to an office of member (other

than President) of Fair Work Australia, but only in relation to persons

who are taken to have been appointed to that office under item 1 of

Schedule 18 to the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009.

161 Transitional provision relating to section 7

(1)

Despite the amendment of subsection 7(4B) of the Remuneration

Tribunal Act 1973 by item 106, that subsection, as in force immediately

before that amendment, continues to apply in relation to members of the

Australian Industrial Relations Commission until that Commission

ceases to exist.

(2)

The reference in subsection 7(4B) of the Remuneration Tribunal Act

1973, as amended by item 106, to the President of Fair Work Australia

is taken to include a reference to the other members of Fair Work

Australia, but only in relation to persons who are taken to have been

appointed as such a member under item 1 of Schedule 18 to the Fair

Work (Transitional Provisions and Consequential Amendments) Act

2009.

(3)

Despite the repeal of subsection 7(4C) of the Remuneration Tribunal

Act 1973 by item 107, that subsection, as in force immediately before

that repeal, continues to apply in relation to members of the Australian

Fair Pay Commission until that Commission ceases to exist.

Schedule 9 Families, Housing, Co mmun ity Serv ices and Indigenous Affairs

92 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Schedule 9

Families, Housing, Community

Services and Indigenous Affairs

Equal Opportunity for Women in the Workplace Act 1999

1 Subsection 3(1) (paragraph (a) of the definition of trade

union)

Omit "an organisation within the meaning of Schedule 1B to the

Workplace Relations Act 1996", substitute "registered or recognised

under the Fair Work (Registered Organisations) Act 2009".

Social Security Act 1991

2 Paragraphs 729AA(4)(a) to (c)

Repeal the paragraphs, substitute:

(a) a prescribed State industrial authority within the meaning of

the Fair Work Act 2009; or

(b) Fair Work Australia or the Australian Industrial Relations

Commission; or

3 Paragraphs 759(4)(a) to (c)

Repeal the paragraphs, substitute:

(a) a prescribed State industrial authority within the meaning of

the Fair Work Act 2009; or

(b) Fair Work Australia or the Australian Industrial Relations

Commission; or

Finance and Deregulation Schedule 10

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Schedule 10

Finance and Deregulation

Airports (Transitional) Act 1996

1 Paragraphs 59(4)(b), (c), (d) and (da)

Repeal the paragraphs, substitute:

(b) any of the following (within the meaning of the Fair Work

(Transitional Provisions and Consequential Amendments)

Act 2009):

(i) an award;

(ii) a pre-reform certified agreement;

(iii) an individual transitional employment agreement;

(iv) an AWA; or

2 At the end of subsection 59(4)

Add:

Note:

For an instrument referred to in paragraph (b), see item 4 of

Schedule 2 to the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009.

Commonwealth Authorities and Companies Act 1997

3 Paragraph 7(2)(c)

Repeal the paragraph, substitute:

Fair Work (Registered Organisations) Act 2009).

Commonwealth Electoral Act 1918

4 Section 5 (definition of electoral matters)

Omit "and ballots under the Workplace Relations Act 1996", substitute

", ballots under the Fair Work Act 2009 or the Fair Work (Registered

Organisations) Act 2009".

5 Subsection 287(1) (definition of registered industrial

organisation)

Repeal the definition, substitute:

Schedule 10 Finance and Deregulation

94 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

registered industrial organisation means:

(a) an organisation registered under the Fair Work (Registered

Organisations) Act 2009; or

(b) an association registered or recognised under that Act or

under a law of a State or Territory concerning the registration

of industrial associations.

Superannuation Act 1976

6 Subsection 3(1) (definition of industrial award)

Repeal the definition, substitute:

industrial award means an industrial award, determination or

agreement made, approved, lodged or registered under a law of the

Commonwealth, a State or a Territory.

7 Subsection 51(2BB) (paragraph (a) of the definition of

approved organisation)

Omit "under Schedule 1B to the Workplace Relations Act 1996",

substitute "or an association recognised under the Fair Work

(Registered Organisations) Act 2009".

8 Subsection 54C(1)

Omit "award, determination", substitute "industrial award".

Superannuation Act 1990

9 Subsection 13(1)

Omit "award, determination", substitute "industrial award".

10 At the end of section 13

Add:

(3) In subsection (1), industrial award means an industrial award,

determination or agreement made, approved, lodged or registered

under a law of the Commonwealth, a State or a Territory.

Health and Ageing Schedule 11

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Schedule 11

Health and Ageing

Commonwealth Serum Laboratories Act 1961

1 Subsection 27(1)

Omit "or industrial instrument", substitute ", award or industrial

agreement".

2 Subsection 27(5)

Repeal the subsection.

3 Paragraph 29(2)(b)

Omit "or industrial instrument", substitute ", award or industrial

agreement".

4 Subsection 29(3) (definition of industrial instrument)

Repeal the definition.

National Health Act 1953

5 Subsection 98A(4)

Omit "Senior Deputy President or a Deputy President of the Australian

Industrial Relations Commission", substitute "Deputy President of Fair

Work Australia".

6 Paragraphs 98B(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) national minimum wage orders of Fair Work Australia, and,

in particular, any statements by Fair Work Australia about

the effect of wage increases on productivity, inflation and

levels of employment; or

(b) if no such order has been made--the last wage-setting

decision of the Australian Fair Pay Commission.

7 Subsection 99A(2)

Omit "Senior Deputy President or a Deputy President of the Australian

Industrial Relations Commission", substitute "Deputy President of Fair

Work Australia".

Schedule 11 Health and Ageing

96 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

8 Subsection 99B(1)

Omit "Senior Deputy President or Deputy President of the Australian

Industrial Relations Commission", substitute "Deputy President of Fair

Work Australia".

9 Subsections 99D(1) and (10)

Omit "Senior Deputy President or a Deputy President of the Australian

Industrial Relations Commission", substitute "Deputy President of Fair

Work Australia".

Immigration and Citizenship Schedule 12

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Schedule 12

Immigration and Citizenship

Fair Work Act 2009

1 Section 709 (note)

After "713", insert ", 713A".

2 Paragraphs 713(d) and (e)

Repeal the paragraphs.

3 After section 713

Insert:

713A Certain records and docume nts are inadmissible

The following are not admissible in evidence in criminal

proceedings against an individual:

(a) any record or document inspected or copied under paragraph

709(e) of which the individual had custody, or to which the

individual had access, when it was inspected or copied;

(b) any information, document or thing obtained as a direct or

indirect consequence of inspecting or copying a record or

document of which the individual had custody, or to which

the individual had access, when it was inspected or copied

under paragraph 709(e).

Migration Act 1958

4 Sections 140X, 140Y, 140Z and 140ZA

Repeal the sections, substitute:

140X Purpose for which powe rs of inspectors may be exercised

The powers of an inspector under this Subdivision may be

exercised:

(a) for the purpose of determining whether a sponsorship

obligation is being, or has been, complied with; or

(b) for a purpose prescribed by the regulations.

Schedule 12 Immig ration and Citizenship

98 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

140XA When powe rs of inspectors may be exercised

An inspector may exercise powers under this Subdivision:

(a) at any time during working hours; or

(b) at any other time, if the inspector reasonably believes that it

is necessary to do so for the purposes referred to in

section 140X.

140XB Powe r of inspectors to enter pre mises or places

(1) An inspector may, without force, enter business premises or

another place, if the inspector reasonably believes that there are

records or documents relevant to the purposes referred to in

section 140X on the premises or at the place, or accessible from a

computer on the premises or at the place.

(2) The inspector must, either before or as soon as practicable after

entering those premises or that place, show his or her identity card

to the occupier, or another person who apparently represents the

occupier, if the occupier or other person is present at the premises

or place.

140XC Powe rs of inspectors while on premises or at a place

An inspector who enters premises or a place under section 140XB

may exercise one or more of the following powers while on the

premises or at the place:

(a) inspect any work, process or object;

(b) interview any person;

access to, a record or document;

(d) require a person who has the custody of, or access to, a

record or document to produce the record or document to the

inspector either while the inspector is on the premises or at

the place, or within a specified period;

(e) inspect, and make copies of, any record or document that:

(i) is kept on the premises or at the place; or

(ii) is accessible from a computer that is kept on the

premises or at the place.

Note:

See also sections 140XG, 140XH and 140XI (which deal with

self-incrimination and produced documents etc.).

Immigration and Citizenship Schedule 12

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

140XD Persons assisting inspectors

(1) A person (the assistant) may accompany the inspector onto the

premises or to the place to assist the inspector if the Secretary is

satisfied that:

(a) the assistance is necessary and reasonable; and

(b) the assistant has suitable qualifications and experience to

properly assist the inspector.

(2) The assistant:

(a) may do such things on the premises or at the place as the

inspector requires to assist the inspector to exercise powers

under this Subdivision; but

(b) must not do anything that the inspector does not have power

to do.

(3) Anything done by the assistant is taken for all purposes to have

been done by the inspector.

140XE Powe r to ask for person's name and address

(1) An inspector may require a person to tell the inspector the person's

name and address if the inspector reasonably believes that the

person has contravened a civil penalty provision.

(2) If the inspector reasonably believes that the name or address is

false, the inspector may require the person to give evidence of its

correctness.

(3) A person contravenes this subsection if:

(a) the inspector requires the person to do a thing referred to in

subsection (1) or (2); and

(b) the inspector advises the person that he or she may

contravene a civil penalty provision if he or she fails to

comply with the requirement; and

(d) the person does not comply with the requirement.

Civil penalty:

(a) for an individual--60 penalty units; and

(b) for a body corporate--300 penalty units.

Schedule 12 Immig ration and Citizenship

100 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

(4) Subsection (3) does not apply if the person has a reasonable

excuse.

140XF Powe r to require persons to produce records or docume nts

(1) An inspector may require a person, by notice, to produce a record

or document to the inspector.

(2) The notice must:

(a) be in writing; and

(b) be served on the person; and

specified place within a specified period of at least 7 days.

The notice may be served by sending the notice to the person's fax

number.

(3) A person contravenes this subsection if:

(a) the person is served with a notice to produce under

subsection (1); and

(b) the person fails to comply with the notice.

Civil penalty:

(a) for an individual--60 penalty units; and

(b) for a body corporate--300 penalty units.

(4) Subsection (3) does not apply if the person has a reasonable

excuse.

140XG Self-incrimination

(1) A person is not excused from producing a record or document

under paragraph 140XC(d), or subsection 140XF(1), on the ground

that the production of the record or document might tend to

incriminate the person or expose the person to a penalty.

(2) However, in the case of an individual, none of the following are

admissible in evidence against the individual in criminal

proceedings:

(a) the record or document produced;

(b) producing the record or document;

indirect consequence of producing the record or document;

Immigration and Citizenship Schedule 12

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

101

except in proceedings for an offence against section 137.1 or 137.2

of the Criminal Code (false or misleading information or

documents) in relation to the information or document.

140XH Certain records and documents are inadmissible

The following are not admissible in evidence in criminal

proceedings against an individual:

(a) any record or document inspected or copied under paragraph

140XC(e) of which the individual had custody, or to which

the individual had access, when it was inspected or copied;

(b) any information, document or thing obtained as a direct or

indirect consequence of inspecting or copying a record or

document of which the individual had custody, or to which

the individual had access, when it was inspected or copied

under paragraph 140XC(e).

140XI Power to keep records or docume nts

(1) If a record or document is produced to an inspector in accordance

with this Subdivision, the inspector may:

(a) inspect, and make copies of, the record or document; and

(b) keep the record or document for such period as is necessary.

(2) While an inspector keeps a record or document, the inspector must

allow the following persons to inspect, or make copies of, the

record or document at all reasonable times:

(a) the person who produced the record or document;

(b) any person otherwise entitled to possession of the record or

document;

paragraph (b).

140XJ Disclosure of information by the Secretary

Information to which this section applies

(1) This section applies to the following information:

(a) information acquired by an inspector in the course of

performing functions, or exercising powers, as an inspector

under this Subdivision;

Schedule 12 Immig ration and Citizenship

102 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

(b) information acquired by a person in the course of assisting an

inspector under section 140XD.

Disclosure that is necessary or appropriate, or likely to assist

administration or enforcement

(2) The Secretary may disclose, or authorise the disclosure of, the

information if the Secretary reasonably believes:

(a) that it is necessary or appropriate to do so in the course of

performing functions, or exercising powers, under

Division 3A of Part 2 of this Act; or

(b) that the disclosure is likely to assist in the administration or

enforcement of a law of the Commonwealth, a State or a

Territory.

Infrastructure, Transport, Regional Develop ment and Local Govern ment Schedule 13

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

103

Schedule 13

Infrastructure, Transport,

Regional Development and Local

Government

Navigation Act 1912

1 Section 292

Repeal the section, substitute:

292 Evidence of rates of wages

Any of the following which is binding on or applicable to seamen

employed in any part of the coasting trade is prima facie evidence

of the rates of wages in Australia for those seamen:

(a) a modern award (within the meaning of the Fair Work Act

2009);

(b) a transitional APCS or transitional award (both within the

meaning of the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009).

Note:

For an instrument referred to in paragraph (b), see items 2 and 4 of

Schedule 2 to the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009).

Schedule 14 Innovation, Industry, Science and Research

Part 1 Consequential amendments

104 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

Schedule 14

Innovation, Industry, Science

and Research

Part 1

Consequential amendments

Independent Contractors Act 2006

1 Section 4

Insert:

Fair Work Inspector has the same meaning as in the Fair Work

Act 2009.

2 Section 4 (definition of organisation)

Repeal the definition, substitute:

organisation means an organisation that is registered or an

association that is recognised under the Fair Work (Registered

Organisations) Act 2009.

3 Section 4 (definition of workplace inspector)

Repeal the definition.

4 Section 6 (definition of State or Territory industrial law)

Repeal the definition, substitute:

State or Territory industrial law has the same meaning as in the

Fair Work Act 2009.

5 Subparagraph 8(1)(h)(i)

Repeal the subparagraph, substitute:

(i) the Fair Work Act 2009; or

(ia) the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009; or

6 Subparagraph 9(1)(e)(i)

Repeal the subparagraph, substitute:

(i) the Fair Work Act 2009; or

Innovation, Industry, Science and Research Schedule 14

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

105

(ia) the Workplace Relations Act 1996, as in force at any

time before the WR Act repeal day, or as that Act

applies after that day because of the Fair Work

(Transitional Provisions and Consequential

Amendments) Act 2009; or

7 Subparagraph 9(1)(e)(iii)

After "(i)", insert ", (ia)".

8 At the end of section 9

Add:

(3) In this section:

WR Act repeal day has the meaning given by Schedule 2 to the

Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009.

9 Paragraph 34(5)(a)

Repeal the paragraph, substitute:

(a) a Fair Work Inspector; or

10 Subsection 34(7)

Omit "Division 3 of Part 14 of the Workplace Relations Act 1996",

substitute "Division 4 of Part 4-1 of the Fair Work Act 2009".

Schedule 14 Innovation, Industry, Science and Research

Part 2 Transitional provision

106 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

Part 2

Transitional provision

11 Transitional provision

Despite the amendment of subsection 34(7) of the Independent

Contractors Act 2006 made by item 10, Division 3 of Part 14 of the

Workplace Relations Act 1996, as in force immediately before the

commencement of this item, continues to have effect on and after that

commencement in relation to a breach, or suspected breach, of

subsection 34(1) or (2) of the Independent Contractors Act 2006 that

was committed before the commencement of this item.

Parliamentary Service Schedule 15

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

107

Schedule 15

Parliamentary Service

Part 1

Consequential amendments

Parliamentary Service Act 1999

1 Section 7 (definition of APCS)

Repeal the definition.

2 Section 7 (definition of Australian Fair Pay and Conditions

Standard)

Repeal the definition, substitute:

Australian Fair Pay and Conditions Standard has the same

meaning as in the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009.

Note:

See Schedules 4 and 9 of the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009 in relation to the application of

the Australian Fair Pay and Conditions Standard.

3 Section 7 (definition of AWA)

Repeal the definition.

4 Section 7 (definition of award)

Repeal the definition.

5 Section 7 (definition of collective agreement)

Repeal the definition.

6 Section 7

Insert:

enterprise agreement has the same meaning as in the Fair Work

Act 2009.

7 Section 7

Insert:

fair work instrument has the same meaning as in the Fair Work

Act 2009.

Schedule 15 Parliamentary Serv ice

Part 1 Consequential amendments

108 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

8 Section 7

Insert:

modern award has the same meaning as in the Fair Work Act

2009.

9 Section 7

Insert:

National Employment Standards has the same meaning as in the

Fair Work Act 2009.

10 Section 7 (definition of pre-reform AWA)

Repeal the definition.

11 Section 7 (definition of pre-reform certified agreement)

Repeal the definition.

12 Section 7 (definition of workplace agreement)

Repeal the definition.

13 Section 7

Insert:

WR Act collective transitional instrument means an award, a

collective agreement or a pre-reform certified agreement (within

the meaning of those terms in the Fair Work (Transitional

Provisions and Consequential Amendments) Act 2009).

14 Section 7

Insert:

WR Act transitional instrument means an award, a workplace

agreement, a pre-reform certified agreement, an AWA or a

pre-reform AWA (within the meaning of those terms in the Fair

Work (Transitional Provisions and Consequential Amendments)

Act 2009).

15 Subsection 8(1)

Parliamentary Service Schedule 15

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

109

Omit "Workplace Relations Act 1996", substitute "Fair Work Act 2009

and the Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009".

Note:

The heading to section 8 is replaced by the heading "Relationship with Fair Work

Acts".

16 Subsection 8(2)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act 2009

or the Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009".

17 Subsection 23(2)

Repeal the subsection, substitute:

(2) The Classification Rules may apply, adopt or incorporate, with or

without modification, any of the provisions of:

(a) a modern award, as in force at a particular time or as in force

from time to time; or

(b) a transitional APCS, as in force at a particular time or as in

force from time to time.

18 Subsection 23(5)

Repeal the subsection, substitute:

(5) If a relevant industrial instrument contains procedures to be

followed when reducing the classification, then a reduction is of no

effect unless those procedures are followed.

(6) In this section:

industrial instrument means:

(a) a modern award; or

(b) an enterprise agreement; or

(d) a WR Act transitional instrument; or

(e) a transitional APCS.

transitional APCS has the meaning given by Schedule 2 to the

Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009.

Schedule 15 Parliamentary Serv ice

Part 1 Consequential amendments

110 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

workplace determination has the same meaning as in the Fair

Work Act 2009.

19 Subsections 24(1) and (2)

Repeal the subsections, substitute:

(1) A Secretary may from time to time determine in writing the

remuneration and other terms and conditions of employment

applying to a Parliamentary Service employee or Parliamentary

Service employees in the relevant Department.

Note 1:

Certain terms and conditions of employment are applicable to a

Parliamentary Service employee under the Australian Fair Pay and

Conditions Standard or the National Employment Standards.

Note 2:

Other Commonwealth laws deal with matters such as superannuation,

compensation, long service leave and maternity leave.

(1A) A determination under subsection (1) is of no effect to the extent

that it would reduce the benefit to a Parliamentary Service

employee of an individual term or condition applicable to the

employee under:

(a) a fair work instrument; or

(b) a WR Act transitional instrument.

Note:

A determination under subsection (1) would also be of no effect to the

extent that it would reduce the benefit to a Parliamentary Service

employee of a term or condition applicable to the employee under the

Australian Fair Pay and Conditions Standard or the National

Employment Standards.

(2) A determination under subsection (1) may apply, adopt or

incorporate, with or without modification, any of the provisions of:

(a) a fair work instrument; or

(b) a WR Act collective transitional instrument;

as in force from time to time.

Note:

A determination under subsection (1) may apply, adopt or incorporate,

with or without modification, any of the provisions of the Australian

Fair Pay and Conditions Standard or the National Employment

Standards. However, any modification of the provisions of those

Standards by a determination under subsection (1) would be of no

effect to the extent that it would reduce the benefit to a Parliamentary

Service employee of a term or condition applicable to the employee

under those Standards.

20 Subsection 24(4)

Parliamentary Service Schedule 15

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

111

Repeal the subsection, substitute:

(4) The limitation in subsection (1A) does not apply in relation to a

determination under subsection (3).

(5) A determination under subsection (3) overrides the following, to

the extent of any inconsistency:

(a) a determination under subsection (1);

(b) the Australian Fair Pay and Conditions Standard;

21 Subsection 29(1) (note)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

Schedule 15 Parliamentary Serv ice

Part 2 Sav ing provision

112 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

Part 2

Saving provision

22 Saving provision

determinations under subsection 24(1)

If a determination made by a Secretary under subsection 24(1) of the

Parliamentary Service Act 1999 was in force immediately before the

commencement of this Schedule, the determination continues in force

on and after that commencement as if it had been made under

subsection 24(1) of that Act, as amended by this Schedule.

Prime Minister and Cab inet Schedule 16

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

113

Schedule 16

Prime Minister and Cabinet

Part 1

Consequential amendments

Privacy Act 1988

1 Subsection 6(1) (subparagraph (c)(ii) of the definition of

agency)

Repeal the subparagraph, substitute:

(ii) an organisation that is registered under the Fair Work

(Registered Organisations) Act 2009 or a branch of such

an organisation; or

2 After subsection 6E(1A)

Insert:

Small business operator that is a protected action ballot agent

under the Fair Work Act 2009

(1B) If a small business operator is the protected action ballot agent for

a protected action ballot conducted under Part 3-3 of the Fair Work

Act 2009, this Act applies, with the prescribed modifications (if

any), in relation to the activities carried on by the small business

operator for the purpose of, or in connection with, the conduct of

the protected action ballot, as if the small business operator were

an organisation.

Note:

The regulations may prescribe different modifications of the Act for

different small business operators. See subsection 33(3A) of the Acts

Interpretation Act 1901.

Small business operator that is an association of employees that is

registered or recognised under the Fair Work (Registered

Organisations) Act 2009

(1C) If a small business operator is an association of employees that is

registered or recognised under the Fair Work (Registered

Organisations) Act 2009, this Act applies, with the prescribed

modifications (if any), in relation to the activities carried on by the

small business operator, as if the small business operator were an

organisation (within the meaning of this Act).

Schedule 16 Prime Min ister and Cabinet

Part 1 Consequential amendments

114 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

Note:

The regulations may prescribe different modifications of the Act for

different small business operators. See subsection 33(3A) of the Acts

Interpretation Act 1901.

3 Subsection 6E(3)

Insert:

protected action ballot agent means a person (other than the

Australian Electoral Commission) that conducts a protected action

ballot under Part 3-3 of the Fair Work Act 2009.

Note:

The heading to subsection 6E(3) is replaced by the heading "Definitions".

Public Service Act 1999

4 Section 7 (definition of APCS)

Repeal the definition.

5 Section 7 (definition of Australian Fair Pay and Conditions

Standard)

Repeal the definition, substitute:

Australian Fair Pay and Conditions Standard has the same

meaning as in the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009.

Note:

See Schedules 4 and 9 of the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009 in relation to the application of

the Australian Fair Pay and Conditions Standard.

6 Section 7 (definition of AWA)

Repeal the definition.

7 Section 7 (definition of award)

Repeal the definition.

8 Section 7 (definition of collective agreement)

Repeal the definition.

9 Section 7

Insert:

Prime Minister and Cab inet Schedule 16

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

115

enterprise agreement has the same meaning as in the Fair Work

Act 2009.

10 Section 7

Insert:

fair work instrument has the same meaning as in the Fair Work

Act 2009.

11 Section 7

Insert:

modern award has the same meaning as in the Fair Work Act

2009.

12 Section 7

Insert:

National Employment Standards has the same meaning as in the

Fair Work Act 2009.

13 Section 7 (definition of pre-reform AWA)

Repeal the definition.

14 Section 7 (definition of pre-reform certified agreement)

Repeal the definition.

15 Section 7 (definition of workplace agreement)

Repeal the definition.

16 Section 7

Insert:

WR Act collective transitional instrument means an award, a

collective agreement or a pre-reform certified agreement (within

the meaning of those terms in the Fair Work (Transitional

Provisions and Consequential Amendments) Act 2009).

17 Section 7

Insert:

Schedule 16 Prime Min ister and Cabinet

Part 1 Consequential amendments

116 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

WR Act transitional instrument means an award, a workplace

agreement, a pre-reform certified agreement, an AWA or a

pre-reform AWA (within the meaning of those terms in the Fair

Work (Transitional Provisions and Consequential Amendments)

Act 2009).

18 Subsection 8(1)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act 2009

and the Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009".

Note:

The heading to section 8 is replaced by the heading "Relationship with Fair Work

Acts".

19 Subsection 8(2)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act 2009

or the Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009".

20 Subsection 23(2)

Repeal the subsection, substitute:

(2) The Classification Rules may apply, adopt or incorporate, with or

without modification, any of the provisions of:

(a) a modern award, as in force at a particular time or as in force

from time to time; or

(b) a transitional APCS, as in force at a particular time or as in

force from time to time.

21 Subsection 23(5)

Repeal the subsection, substitute:

(5) If a relevant industrial instrument contains procedures to be

followed when reducing the classification, then a reduction is of no

effect unless those procedures are followed.

(6) In this section:

industrial instrument means:

(a) a modern award; or

(b) an enterprise agreement; or

Prime Minister and Cab inet Schedule 16

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

117

(d) a WR Act transitional instrument; or

(e) a transitional APCS.

transitional APCS has the meaning given by Schedule 2 to the

Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009.

workplace determination has the same meaning as in the Fair

Work Act 2009.

22 Subsections 24(1) and (2)

Repeal the subsections, substitute:

(1) An Agency Head may from time to time determine in writing the

remuneration and other terms and conditions of employment

applying to an APS employee or APS employees in the Agency.

Note 1:

Certain terms and conditions of employment are applicable to an APS

employee under the Australian Fair Pay and Conditions Standard or

the National Employment Standards.

Note 2:

Other Commonwealth laws deal with matters such as superannuation,

compensation, long service leave and maternity leave.

(1A) A determination under subsection (1) is of no effect to the extent

that it would reduce the benefit to an APS employee of an

individual term or condition applicable to the employee under:

(a) a fair work instrument; or

(b) a WR Act transitional instrument.

Note:

A determination under subsection (1) would also be of no effect to the

extent that it would reduce the benefit to an APS employee of a term

or condition applicable to the employee under the Australian Fair Pay

and Conditions Standard or the National Employment Standards.

(2) A determination under subsection (1) may apply, adopt or

incorporate, with or without modification, any of the provisions of:

(a) a fair work instrument; or

(b) a WR Act collective transitional instrument;

as in force from time to time.

Note:

A determination under subsection (1) may apply, adopt or incorporate,

with or without modification, any of the provisions of the Australian

Fair Pay and Conditions Standard or the National Employment

Standards. However, any modification of the provisions of those

Standards by a determination under subsection (1) would be of no

effect to the extent that it would reduce the benefit to an APS

Schedule 16 Prime Min ister and Cabinet

Part 1 Consequential amendments

118 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

employee of a term or condition applicable to the employee under

those Standards.

23 Subsection 24(4)

Repeal the subsection, substitute:

(4) The limitation in subsection (1A) does not apply in relation to a

determination under subsection (3).

(5) A determination under subsection (3) overrides the following, to

the extent of any inconsistency:

(a) a determination under subsection (1);

(b) the Australian Fair Pay and Conditions Standard;

24 Subsection 29(1) (note)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

25 Paragraphs 72(3)(a) and (b)

Repeal the paragraphs, substitute:

(a) a fair work instrument; or

(b) a WR Act transitional instrument; or

26 Paragraph 72(4)(a)

Repeal the paragraph, substitute:

(a) results from:

(i) the making, variation or termination of a modern award,

an enterprise agreement or a workplace determination;

(ii) the variation, termination or replacement of a WR Act

transitional instrument; and

27 Subsection 72(6)

Insert:

workplace determination has the same meaning as in the Fair

Work Act 2009.

Prime Minister and Cab inet Schedule 16

Saving provision Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

119

Part 2

Saving provision

28 Saving provision

determinations under subsection 24(1)

If a determination made by an Agency Head under subsection 24(1) of

the Public Service Act 1999 was in force immediately before the

commencement of this Schedule, the determination continues in force

on and after that commencement as if it had been made under

subsection 24(1) of that Act, as amended by this Schedule.

Schedule 17 Resources, Energy and Touris m

120 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

Schedule 17

Resources, Energy and Tourism

Moomba-Sydney Pipeline System Sale Act 1994

1 Subsection 3(1) (definition of award)

Repeal the definition.

Offshore Petroleum and Greenhouse Gas Storage Act 2006

2 Clause 3 of Schedule 3 (definition of registered

organisation)

Omit "within the meaning of the Workplace Relations Act 1996",

substitute "registered or an association recognised under the Fair Work

(Registered Organisations) Act 2009".

3 Clause 3 of Schedule 3 (paragraph (a) of the definition of

workforce representative)

Omit "a registered organisation, or a transitionally registered

association (within the meaning of Schedule 10 to the Workplace

Relations Act 1996)", substitute "an organisation registered or an

association recognised under the Fair Work (Registered Organisations)

Act 2009".

4 Clause 3 of Schedule 3 (paragraph (a) of the definition of

workforce representative)

After "that organisation", insert "or association".

5 Clause 3 of Schedule 3 (paragraph (b) of the definition of

workforce representative)

Omit "a registered organisation, or a transitionally registered

association (within the meaning of Schedule 10 to the Workplace

Relations Act 1996)", substitute "an organisation registered or an

association recognised under the Fair Work (Registered Organisations)

Act 2009".

6 Clause 3 of Schedule 3 (paragraph (b) of the definition of

workforce representative)

After "that organisation", insert "or association".

Schedule 18 Treasury

Part 1 Consequential amendments

122 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

Schedule 18

Treasury

Part 1

Consequential amendments

Commonwealth Volunteers Protection Act 2003

1 Subsection 4(1) (paragraph (b) of the definition of

Commonwealth authority)

Repeal the paragraph, substitute:

(b) an organisation registered or an association recognised under

the Fair Work (Registered Organisations) Act 2009; or

Corporations Act 2001

2 Subparagraphs 764A(1)(d)(i), (e)(i) and (f)(i)

Omit "that is an organisation within the meaning of the Workplace

Relations Act 1996 for a member of the organisation", substitute "that is

registered as an organisation, or recognised, under the Fair Work

(Registered Organisations) Act 2009 for a member of the association".

3 Paragraph 765A(1)(u)

Omit "that is an organisation within the meaning of the Workplace

Relations Act 1996 for a member of the organisation", substitute "that is

registered as an organisation, or recognised, under the Fair Work

(Registered Organisations) Act 2009 for a member of the association".

Financial Sector (Business Transfer and Group Restructure)

Act 1999

4 Subsection 43(7)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act 2009,

the Fair Work (Registered Organisations) Act 2009, or the Fair Work

(Transitional Provisions and Consequential Amendments) Act 2009".

Fringe Benefits Tax Assessment Act 1986

5 Paragraph 65J(1)(f)

Treasury Schedule 18

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

123

Omit "under the Workplace Relations Act 1996", substitute "or

recognised under the Fair Work (Registered Organisations) Act 2009".

Income Tax Assessment Act 1997

6 Section 50-15 (table item 3.1)

Omit "under the Workplace Relations Act 1996", substitute "or

recognised under the Fair Work (Registered Organisations) Act 2009".

7 Paragraph 290-80(1)(b)

Omit "given by Schedule 8 to the Workplace Relations Act 1996",

substitute "of the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009".

8 Subsection 290-80(2) (note)

Omit all the words from and including "individual" to and including

"1996", substitute "enterprise agreement within the meaning of the Fair

Work Act 2009".

9 At the end of section 290-80

Add:

(3) For the purposes of this section, a reference to a determination does

not include a reference to a workplace determination made under

the Fair Work Act 2009 or the Workplace Relations Act 1996.

Income Tax (Transitional Provisions) Act 1997

10 Paragraph 82-10(1)(a)

Omit all the words from and including "Workplace" to and including

"7A to", substitute "Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009 or an AWA within the meaning

of".

Insurance Act 1973

11 Subsection 3(1) (paragraph (e) of the definition of

insurance business)

Schedule 18 Treasury

Part 1 Consequential amendments

124 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

Omit all the words from and including "an organisation" to and

including "1996", substitute "registered as an organisation, or

recognised, under the Fair Work (Registered Organisations) Act 2009".

Life Insurance Act 1995

12 Paragraph 11(3)(b)

Omit all the words and subparagraphs from and including "that is" to

and including "1996" (second occurring), substitute "that is registered

as an organisation, or recognised, under the Fair Work (Registered

Organisations) Act 2009".

Superannuation Guarantee (Administration) Act 1992

13 Paragraph 5B(1)(a)

Omit all the words from and including "the Australian" to and including

"1996", substitute "Fair Work Australia".

Note:

The heading to section 5B is altered by omitting "Australian Industrial Relations

Commission" and substituting "Fair Work Australia".

14 Paragraph 5B(1)(aa)

Repeal the paragraph.

15 Paragraph 5B(1)(b)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act 2009,

the Fair Work (Registered Organisations) Act 2009, or the Fair Work

(Transitional Provisions and Consequential Amendments) Act 2009".

16 Subsection 5B(2)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act 2009,

the Fair Work (Registered Organisations) Act 2009, or the Fair Work

(Transitional Provisions and Consequential Amendments) Act 2009".

17 Section 12A

Repeal the section, substitute:

Treasury Schedule 18

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

125

12A Interpretation: references to industrial instruments

(1) In this Act, the following expressions have the same meanings as

in the Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009:

(a) AWA;

(b) collective agreement;

(d) notional agreement preserving State awards;

(e) old IR agreement;

(f) pre-reform AWA;

(g) pre-reform certified agreement;

(h) preserved State agreement.

Note:

For an instrument referred to in this subsection, see item 4 of

Schedule 2 to the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009.

(2) In this Act, enterprise agreement has the same meaning as in the

Fair Work Act 2009.

(3) In this Act, workplace determination means a workplace

determination made under the Fair Work Act 2009 or the

Workplace Relations Act 1996.

18 At the end of subsection 32C(6)

Add:

; or (g) a workplace determination; or

(h) an enterprise agreement.

Note:

The heading to subsection 32C(6) is altered by omitting "workplace agreements" and

substituting "agreements and workplace determinations".

19 Subsection 32C(6) (note)

Omit "Workplace Relations Act 1996", substitute "Fair Work

(Transitional Provisions and Consequential Amendments) Act 2009 or

the Fair Work Act 2009".

20 Subsection 32C(6A) (note)

Omit "Workplace Relations Act 1996", substitute "Fair Work

(Transitional Provisions and Consequential Amendments) Act 2009 or

the Fair Work Act 2009".

Schedule 18 Treasury

Part 1 Consequential amendments

126 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

21 Subsection 32C(6B) (note)

Omit "Workplace Relations Act 1996", substitute "Fair Work

(Transitional Provisions and Consequential Amendments) Act 2009 or

the Fair Work Act 2009".

22 Subsection 32C(7)

Repeal the subsection.

Superannuation Industry (Supervision) Act 1993

23 Subsection 10(1) (paragraph (c) of the definition of

registered organisation)

Omit "under Schedule 1B to the Workplace Relations Act 1996",

substitute ", or recognised, under the Fair Work (Registered

Organisations) Act 2009".

Trade Practices Act 1974

24 Subsection 45DD(4)

Omit "an industrial instrument" (wherever occurring), substitute "a

workplace instrument".

25 Subsection 45DD(4)

Omit "industrial instrument have the meanings given by subsection

779(1) of the Workplace Relations Act 1996", substitute "workplace

instrument have the same meanings as in the Fair Work Act 2009".

26 Subsection 45DD(8) (note)

Omit "Section 170MT of the Workplace Relations Act 1996", substitute

"Section 415 of the Fair Work Act 2009".

27 Subsection 87AA(2) (definition of industrial authority)

Repeal the definition, substitute:

industrial authority means:

(a) a board or court of conciliation or arbitration, or tribunal,

body or persons, having authority under a law of a State to

exercise any power of conciliation or arbitration in relation to

industrial disputes within the limits of the State; or

Treasury Schedule 18

Consequential amend ments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

127

(b) a special board constituted under a law of a State relating to

factories; or

prescribed by the regulations for the purposes of this

definition.

28 Subsection 93AB(11) (definition of trade union)

Repeal the definition, substitute:

trade union means the following:

(a) an association of employees that is registered as an

organisation, or recognised, under the Fair Work (Registered

Organisations) Act 2009;

(b) an association of employees that is registered or recognised

as a trade union (however described) under the law of a State

or Territory;

the protection and promotion of the employees' interests in

matters concerning their employment.

29 Subclause 45DD(4) of the Schedule

Omit "an industrial instrument" (wherever occurring), substitute "a

workplace instrument".

30 Subclause 45DD(4) of the Schedule

Omit ", industrial dispute and industrial instrument have the meanings

given by subsection 298B(1) of the Workplace Relations Act 1996",

substitute "and workplace instrument have the same meanings as in the

Fair Work Act 2009".

31 Subclause 45DD(6) of the Schedule (note)

Omit "Section 170MT of the Workplace Relations Act 1996", substitute

"Section 415 of the Fair Work Act 2009".

Schedule 18 Treasury

Part 2 Application provision

128 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009

No. , 2009

Part 2

Application provision

32 Superannuation Guarantee (Administration) Act 1992

Despite the amendments of section 5B of the Superannuation

Guarantee (Administration) Act 1992 made by this Schedule, that

section continues to apply, on and after the WR Act repeal day, as if

those amendments had not been made, in relation to:

(a) the Australian Industrial Relations Commission, as it

continues in existence because of the Fair Work

(Transitional Provisions and Consequential Amendments)

Act 2009; and

(b) the Australian Fair Pay Commission, as it continues in

existence because of the Fair Work (Transitional Provisions

and Consequential Amendments) Act 2009; and

apply because of the Fair Work (Transitional Provisions and

Consequential Amendments) Act 2009.

Veterans' Affairs Schedule 19

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

129

Schedule 19

Veterans

Affairs

Military Rehabilitation and Compensation Act 2004

1 Subsection 89(3) (note 1)

Repeal the note, substitute:

Note 1:

If a member's normal earnings are less than the relevant minimum

wage set by a national minimum wage order, then the member's

normal earnings are instead the relevant minimum wage (see

section 179).

2 Subsection 132(2) (note 1)

Repeal the note, substitute:

Note 1:

If a person's normal earnings are less than the relevant minimum wage

set by a national minimum wage order, then the person's normal

earnings are instead the relevant minimum wage (see section 179).

3 Paragraph 178(a)

Omit "federal minimum wage", substitute "relevant minimum wage set

by a national minimum wage order".

4 Section 179

Omit "Federal Minimum Wage (as it applies under section 194 of the

Workplace Relations Act 1996)", substitute "relevant minimum wage

set by a national minimum wage order (under section 294 of the Fair

Work Act 2009)".

Note:

The heading to section 179 is altered by omitting "federal".

5 Subparagraph 185(2)(b)(ii)

Omit "an Australian Pay and Classification Scale", substitute "a

national minimum wage order".

6 Subparagraph 185(2)(b)(ii)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

7 Paragraph 193(2)(b)

Omit "an Australian Pay and Classification Scale", substitute "a

national minimum wage order".

Regulations Schedule 20

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

131

Schedule 20

Regulations

1 Regulations may deal with transitional etc. matters

(1)

The Governor-General may make regulations dealing with matters of a

transitional, saving or application nature relating to amendments made

by this Act.

(2)

In this item:

amendments made by this Act includes amendments made by

regulations under item 2.

2 Regulations may make consequential amendments of Acts

(1)

The Governor-General may make regulations amending Acts (other

than the Fair Work Act 2009) being amendments that are consequential

on, or that otherwise relate to, the enactment of the Fair Work Act 2009,

the Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009 or this Act.

(2)

For the purposes of the Amendments Incorporation Act 1905,

amendments made by regulations for the purposes of this item are to be

treated as if they had been made by an Act.

Note:

This subitem ensures that the amendments can be incorporated into a reprint of the Act.

3 Regulations may take effect from date before registration

(1)

Despite subsection 12(2) of the Legislative Instruments Act 2003 and

subject to subitem (2), regulations made under item 1 or 2 may be

expressed to take effect from a date before the regulations are registered

under that Act.

(2)

If:

(a) regulations made under item 1 or 2 are expressed to take

effect from a date (the registration date) before the

regulations are registered under the Legislative Instruments

Act 2003; and

(b) a person engaged in conduct before the registration date; and

would not have contravened a provision of an Act;

Commonwealth of Australia Bills

FAIR WORK (STATE REFERRAL AND CONSEQUENTIAL AND OTHER AMENDMENTS) BILL 2009