Commonwealth Consolidated Regulations

FAIR WORK (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) REGULATIONS 2009

- made under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.01.   Name of Regulations  
   1.03.   Definitions  

   PART 2--TRANSITIONAL--PROVISIONS FOR PART 2 OF SCHEDULE 2 TO ACT (REGULATIONS ABOUT TRANSITIONAL MATTERS)

           Division 1--Matters about redundancy

   2.01.   Redundancy pay applications--continuing Schedule 6 instrument  
   2.02.   Redundancy pay applications--transitional instrument  
   2.02A.  Retention or redeployment period--entitlement to redundancy pay  

           Division 2--Obligations for employee records and records for transferring employees

   2.03.   Employer obligations for employee records made before WR Act repeal day  
   2.04.   Obligations for transfer of records concerning transferring employee  
   2.05.   WR Regulations continue to apply to records for transferring employee made before WR Act repeal day  
   2.05A.  Award - based transitional instruments including notional agreement preserving State award  
   2.05B.  Permits, licences and authorisations issued under State industrial laws of Division 2B referring States  

           Division 3--Application of better off overall test

   2.06.   Modifications of the Act--better off overall test after end of bridging period if modern award contains transitional provisions  

           Division 4--Matters relating to reduction in take-home pay

   2.07.   Orders remedying reductions in take - home pay  
   2.08.   Avoiding likely reductions in take - home pay  
   2.09.   Describing classes of employees and outworkers  

   PART 3--TRANSITIONAL--PROVISIONS FOR SCHEDULE 3 TO ACT (CONTINUED EXISTENCE OF AWARDS, WORKPLACE AGREEMENTS AND CERTAIN OTHER WR ACT INSTRUMENTS)

   3.01.   Meaning of base rate of pay-- transitional instrument applies to pieceworker  
   3.02.   Employee not award/agreement free if transitional instrument applies--meaning of pieceworker  
   3.03.   Employee to whom transitional instrument applies--usual weekly hours of work  
   3.03A.  Modification of Act--deemed date of transitional pay equity order  

           3.03B. Transitional pay equity order taken to have been made by FWC--Division 2B State reference transitional awards (prescribed employers)  

   3.03C.  Prescribed source pay equity order  
   3.03D.  Modification of Schedule 3 to Act--base rate of pay  
   3.03E.  Modification of Schedule 3 to Act--when transitional pay equity order takes effect  
   3.03F.  Payment of back pay  
   3.03G.  Modification of Schedule 3 to Act--relevant instrument  
   3.03H.  Modification of Act--variation of transitional pay equity order  
   3.04.   Continued coverage of certain transitional instruments for Community Jobs Plan and Green Army  
   3.05.   Transitional instruments not to cover certain employers and employees  

   PART 3A--TRANSITIONAL--PROVISIONS FOR SCHEDULE 3A TO ACT (TREATMENT OF STATE AWARDS AND STATE EMPLOYMENT AGREEMENTS OF DIVISION 2B REFERRING STATES)

   3A.01A. Modification of Act--relevant instrument  
   3A.01B. Modification of Act--variation of transitional pay equity order  
   3A.02.  Terms about disputes relating to matters arising under Division 2B State awards  

   PART 3B--TRANSITIONAL--PROVISIONS FOR SCHEDULE 5 TO ACT (MODERN AWARDS (OTHER THAN MODERN ENTERPRISE AWARDS AND STATE REFERENCE PUBLIC SECTOR MODERN AWARDS))

   3B.01.  Modern awards  
   3B.01A. Modification of FW Act--inclusion of variation of modern award in award modernisation process  
   3B.03.  Modification of subitems 8(3) and (4) of Schedule 5 to the Act  
   3B.04.  Modern award or transitional arrangements resulting in reduction in take - home pay  
   3B.05.  Modernisation - related reduction in take - home pay from variation of modern award  

   PART 3C--TRANSITIONAL--PROVISIONS FOR SCHEDULE 6 TO ACT (MODERN ENTERPRISE AWARDS)

   3C.01.  Modern enterprise award or transitional arrangements resulting in reduction in take - home pay  

   PART 3CA--TRANSITIONAL--PROVISIONS FOR SCHEDULE 6A TO ACT (STATE REFERENCE PUBLIC SECTOR MODERN AWARDS)

   3CA.01. State reference public sector transitional awards  
   3CA.02. State reference public sector modern award or transitional arrangements resulting in reduction in take - home pay  

   PART 3D--TRANSITIONAL--PROVISIONS FOR SCHEDULE 7 TO ACT (ENTERPRISE AGREEMENTS AND WORKPLACE DETERMINATIONS MADE UNDER THE FW ACT)

   3D.01.  Better off overall test in relation to transitional provisions inserted into modern awards by FWA after Division 2B State referral  

   PART 4--TRANSITIONAL--PROVISIONS FOR SCHEDULE 8 TO ACT (WORKPLACE AGREEMENTS AND WORKPLACE DETERMINATIONS MADE UNDER WR ACT)

   4.01.   When Workplace Authority Director must consider whether union collective agreement passes no - disadvantage test  
   4.02.   Continued application of Schedules 7A and 7B to WR Act to AWA and pre - transition collective agreement  
   4.03.   Variation of AWA or pre - transition collective agreement after WR Act repeal day  
   4.04.   References to Workplace Ombudsman taken to be references to Fair Work Ombudsman  

   PART 4AA--TRANSITIONAL--PROVISIONS FOR SCHEDULE 16 TO ACT (COMPLIANCE)

   4AA.01. Modification of item 7A of Schedule 16 to Act--prescribed employers  

   PART 4A--TRANSITIONAL--PROVISIONS FOR SCHEDULE 20 TO ACT (WR ACT TRANSITIONAL AWARDS ETC)

   4A.01.  Continuing Schedule 6 instruments not to cover certain employers and employees  

   PART 5--MISCELLANEOUS--AND TRANSITIONAL CIVIL REMEDY PROVISIONS

   5.01.   Regulation 1.1 of Chapter 2 of WR Regulations does not apply to Schedule 5 to the Act  
   5.02.   General Manager of FWA must prepare AFPC Secretariat's annual report  
   5.02A.  Annual reports for Australian Industrial Relations Commission, Australian Industrial Registry and Workplace Authority  
   5.03.   Powers of Fair Work Inspector--contravention of section 34 of the Independent Contractors Act 2006  
   5.04.   Continued application of provisions to documents sealed by Australian Industrial Registry  
   5.05.   Continued application of provision to award printed on or after WR Act repeal day  
   5.06.   Applications for orders in relation to contraventions of civil remedy provisions  
   5.07.   Section 557 of FW Act taken to apply to transitional civil remedy provision  
   5.08.   When a reference to a civil remedy provision taken to include transitional civil remedy provision  
   5.09.   References to employee, employer and employment taken to be reference to transitional employee, transitional employer and employment  
   5.11.   Item 11 of Schedule 2 to the Act does not apply to provisions of WR Act not repealed by Schedule 1 to the Act  
   5.12.   Modification of Act  
   5.13.   FW Act small claims procedures to apply to actions under WR Act  
           SCHEDULE 1A Varied transitional pay equity orders--rates of pay
           SCHEDULE 1 Modification of Act--redundancy or redeployment
           SCHEDULE 2.1 Modification of Schedule 7 to the Act--better off overall test after end of bridging period if modern award contains transitional provisions