Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Regulation 1.15B
Insert:
"WA government employer " means a public sector body (within the meaning of the Public Sector Management Act 1994 (WA) as in force at the commencement of Schedule 1 to the Fair Work Amendment (Christmas Island and Cocos (Keeling) Islands) Regulations 2018 ). However, to avoid doubt, the Shire of Christmas Island and the Shire of Cocos (Keeling) Islands are not WA government employers.
2 After regulation 1.15D
Insert:
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.