Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 536KM

Terms that must not be included in a minimum standards order

  (1)   A minimum standards order must not include terms about any of the following matters:

  (a)   overtime rates;

  (b)   rostering arrangements;

  (c)   matters that are primarily of a commercial nature that do not affect the terms and conditions of engagement of regulated workers covered by the minimum standards order;

  (d)   a term that would change the form of the engagement or the status of regulated workers covered by the minimum standards order including, but not limited to, a term that deems a regulated worker to be an employee;

  (e)   a matter relating to work health and safety that is otherwise comprehensively dealt with by a law of the Commonwealth, a State or a Territory;

  (f)   a matter prescribed by the regulations, or belonging to a class of matter prescribed by the regulations for the purposes of this paragraph.

  (3)   For the purposes of paragraph   (1)(e):

  (a)   the regulations may specify that a particular matter, or a matter included in a class of matters, is, or is not, dealt with comprehensively by a law of the Commonwealth, a State or a Territory; and

  (b)   the regulations may prescribe one or more laws of the Commonwealth, a State or a Territory to which that paragraph does, or does not, not apply.



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