Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 768CA

  (1)   The regulations may:

  (a)   make provision in relation to the transition from State awards and State employment agreements to copied State instruments; and

  (b)   make provision in relation to the transition from copied State instruments to modern awards and enterprise agreements; and

  (c)   deal with how this Act applies in relation to copied State instruments for transferring employees; and

  (d)   provide that provisions of this Act or the Transitional Act apply in relation to transferring employees or new employers with specified modifications; and

  (e)   otherwise make provision relating to how provisions of this Act or the Transitional Act apply in relation to transferring employees or new employers; and

  (f)   make provision in relation to non - transferring employees of the new employer; and

  (g)   provide that provisions of this Act or the Transitional Act apply in relation to the non - transferring employees with specified modifications; and

  (h)   make other provision in relation to the matters dealt with in this Part.

  (2)   Without limiting subsection   (1), the regulations may:

  (a)   modify provisions of this Act or the Transitional Act, or provide for the application (with or without modifications) of provisions of this Act or the Transitional Act to matters to which they would otherwise not apply; and

  (b)   provide differently for the purposes of different provisions, or in relation to different situations.

  (3)   However, this section does not allow regulations to:

  (a)   modify a provision so as to impose an obligation which, if contravened, constitutes an offence; or

  (b)   include new provisions that create offences.

  (4)   The provisions of this Part (including this section) that provide for regulations to deal with matters do not limit each other.