Commonwealth Consolidated Regulations

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FAIR WORK REGULATIONS 2009 - REG 1.15DA

Modification of application of Act--Christmas Island and Cocos (Keeling) Islands

    For the purposes of section   32 of the Act, the Act applies in relation to the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands as if:

  (a)   paragraph   14(1)(f) of the Act did not apply to the extent it would make a WA government employer a national system employer; and

  (b)   Part   3 - 1 of the Act did not apply to action taken in the Territory by or in relation to:

  (i)   a WA government employer that would be a national system employer but for paragraph   (a); or

  (ii)   an individual so far as he or she is employed, or usually employed, by a WA government employer mentioned in subparagraph   (i); and

  (c)   paragraph   789FD(3)(b) of the Act did not apply to a business or undertaking conducted in the Territory by a WA government employer.

Note 1:   Paragraph   (a) does not prevent provisions of the Act applying in relation to a WA government employer as a non - national system employer (see for example Parts   6 - 3 and 6 - 4 of the Act).

Note 2:   Paragraph   (c) does not prevent Part   6 - 4B of the Act applying in relation to a business or undertaking conducted by a WA government employer that is a constitutional corporation: see subparagraph   789FD(3)(a)(i) of the Act.



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